Japanese court rules non-recognition of same-sex marriage is unconstitutional

May 31, 2023 | News On Japan

NAGOYA - A district court in central Japan has ruled that the government's failure to recognize same-sex marriage violates the country's constitution.

A male couple in their 30s in Aichi Prefecture sought damages from the state. The couple claimed that the state's refusal to recognize same-sex marriage was against the constitution, which guarantees freedom of marriage and equality under the law. The state cited as a reason for its position a civil law rule that does not recognize same-sex marriage.

The government argued during the trial that the constitution does not mention marriages between same-sex partners.

同性どうしの結婚が認められていないのは憲法に違反すると愛知県に住む男性どうしのカップルが国を訴えた裁判で、名古屋地方裁判所は法の下の平等などを定めた憲法に違反するという判断を示しました。https://t.co/QheesSianP #nhk_video pic.twitter.com/IMSOXHAtx7
— NHKニュース (@nhk_news) May 30, 2023

At the Nagoya District Court on Tuesday, presiding judge Nishimura Osamu ruled that the government's failure to recognize same-sex marriages violates the constitution's Article 14, which says all people are equal under the law. He also cited as a reason for the ruling the second provision of Article 24, which calls for laws to be enacted from the standpoint of individual dignity and the essential equality of the sexes.

But the judge dismissed the plaintiffs' demand for damages. ...continue reading

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