In a significant development, district courts in Tokyo and Sapporo have both declared Japan’s current ban on same-sex marriage as “unconstitutional” this week, aligning with previous landmark judgments.
These rulings, issued in separate cases, assert that the ban violates the rights of citizens.
While activists welcome these verdicts as progress, they emphasize that the ultimate legalization of same-sex unions still requires action from lawmakers.
Japan stands out among G7 nations as the only one not granting full recognition or legal protection to same-sex couples.
However, this stance is not uncommon in Asia, with Taiwan being the sole jurisdiction allowing same-sex unions.
Despite some municipalities and prefectures in Japan issuing same-sex partnership certificates with associated benefits, these do not afford equal legal recognition.
Prime Minister Fumio Kishida’s administration faces mounting pressure on the issue, fueled by growing public support, with polls indicating up to 70% backing for same-sex unions.
However, Kishida’s attempts to enact reforms within his party have encountered significant resistance from traditional leadership.
While his government has enacted laws criminalizing discrimination based on sexuality, LGBT+ activists criticize these measures for falling short of recognizing marriage equality.
In a noteworthy ruling, a Sapporo court emphasized the strong expectation for parliament to eventually enact appropriate legislation for same-sex marriage, citing widespread public support.
The court underscored that living in accordance with one’s gender identity and sexual orientation is an inherent right rooted in fundamental personal interests.
These court cases, numbering at least six since 2019, have drawn close scrutiny in Japan, a nation still heavily influenced by traditional gender norms and family values.
In 2021, the Sapporo court delivered a landmark ruling declaring the marriage ban unconstitutional, further fueling the push for legal reform.
Source-BBC
