Tokyo court: Lack of law for same-sex union unconstitutional
A court in Tokyo says Japan’s lack of law to protect the rights of same-sex couples to marry and become families violates the constitution
TOKYO (AP) — Japan's lack of law to protect the rights of same-sex couples to marry and become families violates the constitution, the Tokyo District Court ruled Wednesday in a closely watched case in a country still largely bound by traditional gender roles and family values.
The court, however, said the government’s lack of legislative action is not illegal and threw out plaintiffs’ compensation demands of 1 million yen ($7,215) each. Still, the ruling was a partial victory for LGBTQ couples.
There is no rationality to justify the absence of legal protection for same-sex couples and “it is in a state of violation" of the Article 24 of the Japanese Constitution, the court said. Same-sex couples should enjoy the same legal protection as heterosexual couples through marriage, it said.
The plaintiffs and their lawyers welcomed the ruling as “ground breaking" and urged the government to promptly take steps to enact a law to mitigate the problem.
