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Japan’s failure to recognize same-sex marriage is ‘unconstitutional,’ court rules

A landmark decision for LGBTQ rights has been achieved in Japan, with the court ruling that not allowing same-sex marriage is unconstitutional. The decision will likely bring in a new era for marriage equality in the country. This is the first time that a Japanese court has ruled on the constitutionality of same-sex marriage in Japan. Japan was formerly the only Group of Seven (G7) country that failed to recognize same-sex civil unions or marriage.

The case in question goes back to 2019 when three couples in Hokkaido filed a lawsuit seeking 1 million yen in damages for psychological harm caused by the government. The couples claimed this damage was the result of the Japanese government not allowing same-sex marriage. Before the decision, some parts of the country issued “partnership certificates” that granted some rights of marriage. Sapporo District Court in Hokkaido ruled on Wednesday that the government’s lack of recognition for same-sex marriage breached the constitution that requires equal laws for everyone.

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OODA Analyst

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