A Tokyo District Court found on Wednesday that Japan’s lack of legal protection for same-sex marriages violated the constitution but said the government’s lack of legislative action on the matter was not illegal.
Japan is currently the only G-7 nation that continues to ban same-sex marriage and does not allow same-sex couples to marry, inherit assets and denies parental rights.
The Tokyo court threw out demands of $7,175 (1 million yen) in compensation for each of the eight plaintiffs in the case who asserted the law was discriminatory.
Article 24 in the Japanese constitution explicitly states, “marriage shall be based only on the consent of both sexes” and recognizes equal rights between a husband and wife.
In the ruling, the Tokyo court said while the ban itself was constitutional, the lack of legal protection for same-sex couples infringes on their rights and is unconstitutional.
According to Reuters, the court found the absence of legal protection for same-sex couples “is in state of violation” of the second paragraph of Article 24.
While the ruling still dismissed the plaintiffs’ demand of compensation, the response of the court is seen as a major step for LGBTQ+ rights in Japan, where gender roles and family values are deeply intertwined in society.
“I was glad that the ruling acknowledged we have a right to be families,” plaintiff Chizuka Oe said at a news conference. “This is just the beginning.”
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