May 30, 2023 at 10:07 am
Japan’s ban on same-sex marriages is against the constitution. This court ruling is seen as a step towards marriage equality in the Asian country.
In Japan, there are five similar lawsuits about marriage for same-sex partners, Japanese media report. Judgments have already been made in four cases, both in favor and against same-sex couples.
The judges thus interpret the Japanese constitution in different ways. Activists are hoping for a constitutional amendment to allow open marriage. This should be clearly stated in the constitution.
Now the constitution states that “marriage can only be based on the mutual consent of both sexes”. But according to polls, 70 percent of the population believe that people of the same sex should be able to marry each other.
The conservative governing party disagrees. Prime Minister Fumio Kishida does not want to promise a constitutional amendment and believes that the debate should be conducted “carefully”.
In some Japanese municipalities, same-sex couples can enter into civil partnerships. But their rights are more limited than those of married couples. For example, they cannot inherit each other’s property and they do not have custody of each other’s children.