Japan court calls laws blocking same-sex marriage unconstitutional

A Japanese court ruled that laws in the nation that block same-sex marriage are unconstitutional.

A three-judge panel at the Sapporo District Court ruled that a ban on such unions goes against the nation’s constitutional promise of equal protection under the law.

“The difference between heterosexuals and homosexuals is nothing more than a distinction in sexual orientation that people do not choose of their own will and cannot change,” the decision read. “No matter what sexual orientation people possess, there is no distinction in the legal privileges they enjoy.”

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However, the court ruling does not have any immediate legal effect. Same-sex couples in Japan are still not allowed to marry, but activists are taking this decision as a victory nonetheless, hoping that parliament and other judges will be persuaded by the decision.

“It will be hard to argue that it’s fine to treat same-sex couples differently from heterosexual couples,” said Makiko Terahara, one of the lawyers for plaintiffs in a similar case in Tokyo, told Bloomberg. “This puts pressure on the other judges.”

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Each of the couples in the case sought the equivalent of just over $9,000 in damages, but the court did not grant their requests.

Taiwan became the first Asian nation to recognize same-sex marriage in 2019.

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