May 4th, 2024

Denying same-sex marriage is unconstitutional, a Japanese high court says

By Mari Yamaguchi, The Associated Press on March 14, 2024.

Plaintiffs holding a banner walk into the Tokyo district court for the ruling regarding LGBTQ+ marriage rights as supporters, right, of the LGBTQ+ community wave rainbow flags in Tokyo, Thursday, March 14, 2024. The Japanese court on Thursday ruled that not allowing same-sex couples the same marital benefits as heterosexuals violates their fundamental right to have a family, but the current civil law did not take into consideration sexual diversity and is not clearly unconstitutional, a partial victory for Japan's LGBTQ+ community calling for equal marriage rights. (AP Photo/Hiro Komae)

TOKYO (AP) – A Japanese high court ruled Thursday that denying same-sex marriage is unconstitutional and called for urgent government action to address the lack of any law allowing for such unions.

The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples, or a new law is enacted that allows for other types of unions.

The Sapporo High Court ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to have a family.

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