Osaka Sticks with Ruling Against Same-Sex Marriage
The ruling claims the ban is not unconstitutional…
Not only is same-sex marriage currently taking a blow in the United States, but Japan’s gay couples and rights activists have suffered a blow after the Osaka court’s rule ban on same-sex marriage is in fact constitutional. In 2021, district courts in Sapporo ruled that the failure to recognize same-sex marriage was “unconstitutional.”
However, Japan’s constitution defines marriage specifically as one between “both sexes.” This left many to wonder what the law specifically entails as Japan continues to be the only country in G7 that doesn’t allow for same-sex marriages.
Opinion polls show public favor of allowing the marriages to happen. Tokyo and other major cities and locations within Japan have started issuing partnership certificates.
Originally, the Osaka case had been filed by three same-sex couples and is the second case of its kind within Japan. Not allowing an individual to marry who they love is one thing, but the court also denied demands for 1 Million yen ($7,414; £6,058) in damages for each couple who argued they had suffered "unjust discrimination" by not being allowed to marry. One thing we can say about the Japanese court is that they’re honest. This comes as the court noted there had not been enough public debate about same-sex marriage and that "it may be possible to create a new system" recognizing the interest.
"From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognized through official recognition
Public debate on what kind of system is appropriate for this has not been thoroughly carried out."
The court concluded in its ruling.
Many citizens are voicing their disapproval of the ruling. One female playoff said "This is awful, just awful.” Another activist told Reuters that the ruling itself is “disappointing.”
"After the Sapporo ruling, we were hoping for the same ruling or something even better."
Gon Matsunaka said.
There are plans for the plaintiffs to appeal against the decision again…