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Second high court rules Japan’s ban on same-sex marriage unconstitutional
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Second high court rules Japan’s ban on same-sex marriage unconstitutional

TOKYO (AP) — One second Japanese The high court ruled Wednesday that the government’s policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding the plaintiffs’ claims. demands for equal marriage.

The Tokyo High Court called the current ban “unfounded legal discrimination based on sexual orientation,” stating that it violates the constitutional guarantee of the right to equality, as well as the dignity of people and equality between the sexes. It was a clearer statement than the lower court’s 2022 decision that described the situation as “an unconstitutional state.”

He Sapporo High Court ruling in March He said not allowing same-sex couples to marry and enjoy the same benefits as heterosexual couples violates their fundamental right to equality and freedom of marriage. Wednesday’s ruling is the seventh overall that finds the current ban unconstitutional or nearly so, compared to only one district court decision that found it constitutional. The sentences can still be appealed to the Supreme Court.

Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday’s ruling has not been finalized and that his government will continue to monitor other pending court cases.

Still, the winning streak has raised hopes among LGBTQ+ community.

The plaintiffs cheered outside the courthouse Wednesday, as their supporters held signs with messages such as “More progress toward marriage equality!” and “No more waiting for a legal review!”

His main obstacle, the ruling coalition of the conservative Liberal Democratic Party of Japan, lost a parliamentary majority in Sunday’s elections and it is will probably have to compromise in more liberal policies promoted by opposition parties, such as equal marriage, which has broad support from the general public.

Japan is the Only member of the Group of Seven industrialized countries. which does not recognize same-sex marriage or provide any other form of legally binding protection for LGBTQ+ couples.

Since 2019, six marriage equality lawsuits have been filed in five regions of Japan. LGBTQ+ activists and their supporters have stepped up their efforts, and in 2023, the government adopted a non-legally binding law that states that discrimination is unacceptable.

Hundreds of municipalities have issued partnership certificates as a solution for same-sex couples to reduce their obstacles to renting apartments and face other forms of discrimination, but it does not provide the same legal benefit as heterosexual couples, according to the court’s ruling. Wednesday.

The court, however, rejected a request by the seven plaintiffs that the government pay them 1 million yen (about $6,500) each in compensation for damages suffered under the current system that does not recognize them as legally married.