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2022 November 30 - December 6 TOP3 [SOCIAL ISSUES]

Tokyo court recognizes disallowing same-sex marriage as 'unconstitutional state'

Akahata editorial (excerpts)

The Tokyo District Court on November 30 recognized that the absence of law allowing same-sex marriage is indicative of "a state of unconstitutionality".

Among six similar lawsuits filed with five district courts in Japan, the "unconstitutional state" decision was the third following the "unconstitutional" judgement by the Sapporo District Court in March 2021 and the "constitutional" ruling by the Osaka District Court in June 2022.

The Tokyo court made the "unconstitutional state" decision in the light of Article 24, Paragraph 2 of the Constitution, "With regard to choice of spouse and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity" (further provision omitted). The court said, "When one hopes to get married to a particular partner but their marriage is impossible during their lifetimes only because their sex is the same, this can be a serious threat and obstacle to their personal well-being." In addition, the court suggested that the Diet discuss and work on a legal framework concerning same-sex marriage.

When the "unconstitutional" decision was made 21 months ago in Sapporo, the court cited Article 14 of the Constitution which stipulates, "All of the people are equal under the law" (further provision omitted). The Tokyo court cited "individual dignity" which Article 24, Paragraph 2 stipulates as the basis for its "unconstitutional state" decision, which will offer important suggestions in making related-laws. Promotion of human rights and gender equality in Japan should be founded on constitutional individual dignity.

About 30 countries and regions in the world have legalized same-sex marriage. In Japan, 242 municipalities covering more than 60% of the population have introduced some kind of same-sex partnership system.

The Diet, as the lawmaking organ, should embark on development of necessary legislation from the viewpoint of ensuring individual dignity. The Japanese Communist Party will work to realize "marriage equality" in solidarity with people who are fighting to achieve this.

Past related articles:
> If Tokyo endorses, more than half the population will be under municipalities certifying same-sex 'partnerships' [July 1, 2021]
> Group supporting same-sex marriage asks JCP for cooperation in legalizing same-sex marriage
[March 26, 2021]
> Sapporo district court recognizes ban on same-sex marriage as unconstitutional [March 18, 2021]