TOKYO - Tokyo High Court issued a ruling on November [insert month here if needed based on publication timing] that the government’s refusal to recognize same-sex marriage is constitutional, a decision that prompted deep disappointment among the plaintiffs who had argued that the current legal framework violates the Constitution’s guarantee of freedom of marriage.
The case was brought by eight people in same-sex relationships, who claimed that provisions in the Civil Code and other laws that restrict marriage to heterosexual couples contravene constitutional protections and sought damages from the state. While the Tokyo District Court in the first trial had found the current provisions to be in a “state of unconstitutionality,” the High Court rejected the plaintiffs’ appeal and concluded that “it cannot be said that people of the same sex are guaranteed the constitutional freedom of ‘marriage’,” thereby deeming the existing rules constitutional.
Five High Court rulings to date have found the same regulations unconstitutional, leaving courts divided on the issue nationwide.
Speaking after the decision, a lawyer representing the plaintiffs said the ruling was “an extremely unjust judgment that is logically incoherent.” Plaintiff Miyuki Fujii said she felt “truly saddened,” adding that it made her think “that we are being denied the happiness we are supposed to enjoy as citizens.”
The plaintiffs plan to appeal, and the Supreme Court is expected to deliver a unified interpretation of the issue in the future.
Source: TBS
