The Tokyo District Court said on Wednesday that Japanās ban on same-sex marriage is not unconstitutional, local media reported. The decision, in Japanās capital and its most populous city, is a blow to the LGBTQ rights movement.
The LGBTQ rights movement in Japanāthe only member of the Group of Seven (G7) industrialized nations that doesnāt recognize same sex unionsāhas had mixed success in recent months.
Wednesdayās case, which involved eight people who said Japanās same-sex marriage ban contravenes the countryās constitution and who were seeking damages of about $7,000 each, is the third in a series of rulings that are expected over the coming months. More than a dozen same-sex couples filed lawsuits at district courts on Valentineās Day in 2019 in a push to advance marriage equality in Japan.
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The Tokyo courtās ruling was in line with a June ruling from a court in Osaka, which said that freedom of marriage in the constitution referred only to male-female unions, and that the countryās ban on same-sex marriage was therefore constitutional.
That followed a ruling the other way in March last year by the Sapporo District Court, which said Japanās definition of marriage, which excludes same-sex couples, violated constitutional guarantees of equality.
Earlier this month, the Tokyo metropolitan government began issuing partnership certificates to same-sex couples, which allow same-sex couples that live, work or study in the Tokyo area to benefit from some rights and welfare programs that opposite-sex couples are eligible for, like being able to visit their partner in the hospital and living in public housing together. Although Tokyoās rollout of a partnership system means that local governments in areas where about 60% of the countryās population live have partnership rights, these systems donāt allow those couples the same rights as married heterosexual couples. The partnership certificates are not legally binding, and donāt give same-sex couples the right to things like joint custody of children or spousal tax deductions.
Although support has grown for LGBTQ rights in recent years, especially among younger Japanese people, many of the countryās ruling Liberal Democratic Party lawmakers are deeply conservative and have balked at recent pushes to advance LGBTQ equality. In 2021, the government failed to enact a law banning discrimination against LGBTQ people despite a push from activists ahead of the Tokyo Olympics, in which a record number of LGBTQ athletes competed. Still, advocates are hopeful the cases winding their way through Japanās court systems may help spark real change. The Tokyo courtās ruling, according to Reuters, noted that the absence of any legal system for same-sex couples to have families was an infringement of their human rights.