Current:Home > NewsPredictIQ Quantitative Think Tank Center:Denying same-sex marriage is unconstitutional, a Japanese high court says -CapitalEdge
PredictIQ Quantitative Think Tank Center:Denying same-sex marriage is unconstitutional, a Japanese high court says
Johnathan Walker View
Date:2025-04-08 06:00:04
TOKYO (AP) — A Japanese high court ruled Thursday that denying same-sex marriage is PredictIQ Quantitative Think Tank Centerunconstitutional and called for urgent government action to address the lack of any law allowing for such unions. Plaintiffs and the LGBTQ+ community in Japan cheered it as a landmark decision that gives them hope for change toward equality.
The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted that allows for other types of unions.
The Sapporo High Court ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. The case was brought by three same-sex couples who appealed three years ago after a lower court recognized the unconstitutionality of excluding same-sex couples from marriage equality but dismissed compensation claims for their suffering.
A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo District Court ruling was only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it doesn’t change or overturn the current civil union law that the government says defines marriage as between a man and a woman.
AP AUDIO: Denying same-sex marriage is unconstitutional, a Japanese high court says.
AP correspondent Karen Chammas reports on same sex marriage in Japan.
Five previous court decisions in various cities said Japan’s policy of denying same-sex marriage is either unconstitutional or nearly so. However, unlike the Sapporo ruling Friday, none of the district-level courts clearly deemed the Japanese government’s existing policy to reject same-sex couples unconstitutional.
Sapporo High Court Judge Kiyofumi Saito said the constitutional freedom of marriage is about partnership between two human beings, and the right to marry should equally protect couples of different and same sexes. With their exclusion, same-sex couples have experienced significant disadvantages, suffering or loss of identity, the judge said.
“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” the ruling said. But allowing same-sex marriage creates no disadvantage or harm to anyone, it said.
A plaintiff, Eri Nakaya, said the traditional definition of marriage repeatedly made her feel that same-sex couples are treated as if they do not exist.
“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s okay just to be me,” she said.
Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to legally marry and receive spousal benefits.
Support for marriage equality has grown among the Japanese public in recent years, but the governing Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and sexual diversity, remains opposed to the campaign.
Chief Cabinet Secretary Yoshimasa Hayashi told reporters that the government planned to closely watch the public opinion and parliamentary debate, as well as pending court cases because “an introduction of same-sex marriage closely affects family values of the people.”
In the Tokyo ruling, the court said that the right to marry, have a family and enjoy advantages marriage brings — such as tax deductions and social security benefits — are guaranteed for everyone, and that lack of the legal right to same-sex couples deprives them of their basic right.
The Tokyo ruling also acknowledged the right for anyone to live based on their sexuality and sexual identity, and that traditional family values and marriage are changing, and equality of same-sex marriage is increasingly accepted in international and corporate communities. The court said the government’s lack of effort to implement legal marriage equality is not unconstitutional, but expressed hope for the parliament to enact a law for same-sex marriage.
Marriage equality is now recognized in dozens of countries, not only in Western countries like Greece and the United States but also in Asia, with Nepal allowing same-sex marriage registration starting in 2023. according to the Marriage for All Japan, a civil group supporting the lawsuits.
The eight Tokyo plaintiffs said they are frustrated by Japan’s slow change. A lawyer, Makiko Terahara, said they planned to appeal Thursday’s decision to a high court.
While Japan’s conservative government has been criticized as stonewalling diversity, recent surveys show a majority of Japanese back legalizing same-sex marriage. Support among the business community has rapidly increased.
Tokyo enacted an LGBTQ+ awareness promotion law in June that critics said was watered down. The Supreme Court separately ruled that Japan’s law requiring compulsory sterilization surgery for transgender people to officially change their gender is unconstitutional.
veryGood! (3)
Related
- Why Sean "Diddy" Combs Is Being Given a Laptop in Jail Amid Witness Intimidation Fears
- Federal agencies say Russia and Iran are ramping up influence campaigns targeting US voters
- Mexico’s National Guard kills 2 Colombians and wounds 4 on a migrant smuggling route near the US
- Manslaughter charges dropped in a man’s death at a psychiatric hospital
- As Trump Enters Office, a Ripe Oil and Gas Target Appears: An Alabama National Forest
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Secret Crush
- 2 human bones discovered in Philadelphia park with no additional evidence, police say
- Is fluoride in drinking water safe? What to know after RFK Jr.'s claims
- New Mexico governor seeks funding to recycle fracking water, expand preschool, treat mental health
- 3 New Required Minimum Distribution (RMD) Rules Everyone Should Know For 2024
Ranking
- Why Sean "Diddy" Combs Is Being Given a Laptop in Jail Amid Witness Intimidation Fears
- Georgia man arrested in Albany State University shooting that killed 1 and injured 4
- Ag Pollution Is Keeping Des Moines Water Works Busy. Can It Keep Up?
- New Yorkers may change their constitution to ban discrimination over ‘pregnancy outcomes’
- Justice Department, Louisville reach deal after probe prompted by Breonna Taylor killing
- Dawn Staley is more than South Carolina's women's basketball coach. She's a transcendent star.
- This is how precincts in Pennsylvania handle unexpected issues on Election Day
- Search for 4 missing boaters in California suspended after crews find 1 child dead and 1 alive
Recommendation
Former longtime South Carolina congressman John Spratt dies at 82
How to find lost or forgotten pensions, 401(k)s, and retirement money
Grimes Trolls Ex Elon Musk With Comment About Dating Guys Interested in Outer Space
NFL flexes Colts vs. Jets out of Week 11 'SNF' schedule, moving Bengals vs. Chargers in
Rolling Loud 2024: Lineup, how to stream the world's largest hip hop music festival
'Melt away' your Election Day stress: Puppy-cuddling events at hotels across the US on Nov. 5
Make your own peanut butter cups at home with Reese's new deconstructed kits
Ag Pollution Is Keeping Des Moines Water Works Busy. Can It Keep Up?