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A Tokyo court has ruled that a ban on same-sex marriage is constitutional but said the lack of legal protection for same-sex couples violated their human rights, which plaintiffs welcomed as a step toward aligning Japan with other G7 nations.
Japan is the only G7 nation that does not allow same-sex marriage and its constitution defines marriage as based on “the mutual consent of both sexes”. The ruling party of the prime minister, Fumio Kishida, has disclosed no plans yet to review the matter or propose legislation, though several senior members support same-sex marriage.
The ruling on Wednesday by the Tokyo district court said that while the ban was constitutional, the absence of a legal system to protect same-sex couples was an infringement of their human rights.
“This is actually a fairly positive ruling,” said Nobuhito Sawasaki, one of the lawyers involved in the case. “While marriage remains between a man and a woman, and the ruling supported that, it also said that the current situation with no legal protections for same-sex families is not good, and suggested something must be done about it.
