Tokyo High Court rules not allowing same-sex marriage unconstitutional

Oct 30, 2024 | News On Japan

TOKYO - The Tokyo High Court ruled on Wednesday that Japanese laws that do not recognize same-sex marriages violate the country's Constitution. This is the second time a high court in the country has handed down such a decision.

Plaintiffs, including same-sex couples, had claimed that provisions in Japan's civil code and related laws that do not recognize same-sex marriages run counter to the Constitution. They demanded compensation from the state.

The state argued that same-sex marriages are not envisioned in the Constitution.

In 2022, the Tokyo District Court found the provisions in question to be in a state of unconstitutionality. But it dismissed the compensation claim.

The plaintiffs appealed the ruling.

On Wednesday, the presiding judge at the Tokyo High Court said the civil code provisions impose discriminatory treatment without rational grounds and declared them unconstitutional.

But the claim for compensation was again rejected.

Six similar lawsuits, including this one, have been filed across Japan.

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