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2024 March 13 - 19 TOP3 [SOCIAL ISSUES]

High court: ban on same-sex marriage is against equality under the law

The Sapporo High Court on March 14 ruled that the current system of not approving same-sex marriage violates Article 14 of the Japanese Constitution, which stipulates “equality under the law,” and Paragraphs 1 and 2 of Article 24, which guarantee marital freedom.

The ruling is the first unconstitutional decision on this issue at a high court level.

At a press conference on the following day, asked by reporters for a comment on the judgement, Japanese Communist Party Secretariat Head Koike Akira said, “It’s a landmark ruling that encourages those who have campaigned ‘for freedom of marriage for all’ and called for the legalization of same-sex marriage.”

The court acknowledged that homosexuals face considerable disadvantages as they are not entitled to legal protection and benefits in the same way as heterosexuals, and that the prohibition on same-sex marriage is discriminatory and lacks a rational basis. Koike pointed out, “This judgement is remarkably clear and logical.”

He said, “The Diet should take the latest judicial decision into account and should promptly start discussing the legislation of same-sex marriage. A selective dual surname system in addition to same-sex marriage is already a global standard. The JCP will be committed to working together with other political parties to achieve their legalization.”

Past related article:
> Nagoya court rules ban on same-sex marriage unconstitutional [June 1, 2023]