In Japan, the court declared the ban on same-sex marriage unconstitutional

Plaintiffs hold a banner after the ruling on same-sex marriage at the Tokyo District Court on March 14, 2024

Photo: Kyodo

In Japan, the Supreme Court recognized the ban on same-sex marriage as unconstitutional, which violates the right to equality.

At the same time, the court rejected the lawsuit of three same-sex couples against the state regarding compensation for “emotional distress caused“, writes Kyodo News.

The Supreme Court upheld a historic lower court ruling in 2021 that the non-recognition of same-sex marriages violated, among other things, the right to equality protected by the Constitution.

The ruling states that the same-sex marriage ban violates not only Article 14 on the right to equality, but also Article 24, which states that marriage must be concluded only with the mutual consent of “both sexes.”

It also held that Article 24 can be understood as guaranteeing same-sex marriage.

“This article did not provide for same-sex marriage at the time of the adoption of the Constitution, but “it should be interpreted in the context of respect for the individual”,” said Judge Kiyofumi Saito as he announced the decision.

The decision also states that “there will be no disadvantage or harm” if same-sex marriages are legalized.

Feelings of discomfort or aversion to same-sex marriages are “caused only by sensual, emotional reasons,” the decision says.

Kiyofumi Saito added that such feelings can be changed by raising public awareness that there is no need to hold negative attitudes towards same-sex couples.

Earlier, the country’s government claimed that the Constitution only provided for marriage between heterosexual couples.

It is also known that the court rejected claims by three same-sex couples against the state for damages totaling 6 million yen – 40,600 dollars.

“It cannot be said that discussions in the Seimas regarding provisions that do not allow same-sex marriages clearly violate the Constitution”– the judge explained the decision on compensation for damages.

The plaintiffs said they would appeal the decision.

It said Japan remains the only major industrialized G7 country that has not legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.

The Supreme Court of Japan is the highest judicial authority in Japan. The Supreme Court of Japan is called the “guardian of the Constitution” because of its monopoly right, approved in the Constitution.

We used to reportedwhich in Japan found unconstitutional the requirement for sterilization for gender reassignment.