A Japanese court ruled Monday that the country’s failure to recognize same-sex marriage is constitutional, in a blow to activists found contrary to a landmark ruling last year. A district court in Osaka, western Japan, rejected arguments made by three same-sex couples as part of a series of lawsuits filed by activists seeking marriage equality.
“From the point of view of personal dignity, it can be said that it is necessary to realize the benefits of publicly recognized same-sex couples through official recognition,” the court’s ruling said. But the current failure to recognize such unions is “not considered a violation of the Constitution”, the ruling said, adding that “the public debate on what kind of system is appropriate for this has not been thoroughly debated”.
Akiyoshi Miwa, the lawyer representing the plaintiffs in the case, said he was “shocked” by the court’s reluctance to intervene in the arguments.
“It means that the judges are saying that the court doesn’t have to be actively involved in human rights issues,” Miwa said.
Plaintiff Machi Sakata – who married her American partner in the US state of Oregon – said she “cannot believe the ruling”.
The court also ruled that homosexual partners could obtain legal benefits if a similar structure to marriage was created.
“Nothing can replace (marriage). I feel nothing but resentment. It’s like they’re saying, ‘We don’t treat you equally, but that’s okay, isn’t it?’,” Sakata said.
Monday’s ruling comes after a district court in northern Sapporo found the opposite last year, saying the government’s failure to allow same-sex marriage violates a provision of the constitution guaranteeing equality under the law. . The decision was welcomed by campaigners as a major victory that would pressure lawmakers to accept same-sex unions.
The constitution of Japan states that “marriage shall be by mutual consent of both sexes”. But in recent years, local authorities across the country have taken steps to recognize same-sex partnerships, although such recognition does not confer equal rights to marriage under the law.
Tokyo’s prefecture said last month that it would begin recognizing same-sex relationships from November, revising existing rules. More than a dozen couples filed lawsuits demanding marriage equality in district courts across Japan in 2020. He said the coordinated action was aimed at putting pressure on the only G7 government that does not recognize gay unions.
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