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Japan: pro-gay marriages encouraged by a new court decision

2022-11-30T11:51:49.172Z


The lack of legal protection for same-sex partners in Japan constitutes an "unconstitutional situation", a...


The lack of legal protection for same-sex partners in Japan constitutes an "

unconstitutional situation

", a Tokyo court ruled on Wednesday in a convoluted decision hailed by local proponents of equal marriage.

Japan is the only G7 country that does not recognize same-sex unions.

Its 1947 Constitution stipulates that "

marriage can only take place with the mutual consent of both sexes

", giving rise to numerous debates on interpretation.

More than a dozen same-sex couples filed lawsuits in lower courts in Japan in 2019, arguing that the ban on gay marriage violates the Constitution, which guarantees everyone is equal before the law.

Their objective is to put pressure on Japanese parliamentarians while the ruling party, advocating traditional family values, has a very cautious approach to same-sex unions.

Read alsoThe ordeal of Palestinian homosexuals hidden in Israel

The Tokyo Magistrate's Court, seized by eight plaintiffs, ruled on Wednesday that the definition of marriage in the Constitution was appropriate.

But at the same time, he considered that “

the current absence of a legal framework allowing same-sex partners to found a family constitutes a threat and a serious obstacle

” to individual dignity.

This creates an unconstitutional situation under clause two of section 24

” of the Constitution, which stipulates gender equality, according to the court.

This is the third court of first instance to rule in Japan on the issue, with sometimes divergent decisions.

In 2021, the court in Sapporo (North) was the first in the archipelago to declare that the current situation violated the right to equality guaranteed by the Constitution – a historic decision which had fueled many hopes.

This optimism was showered last June, when a court in Osaka (west) ruled that the non-recognition of gay marriage was not unconstitutional.

After Wednesday's hearing in Tokyo, the plaintiffs and their supporters unfurled a banner outside the court hailing "

progress towards marriage equality

", AFP noted on the spot.

Like many Japanese local authorities in recent years, Tokyo City Hall has been offering homosexual couples union certificates since the beginning of November to facilitate certain administrative procedures.

But the scope of such documents remains very limited, for lack of a legal basis.

In a 2021 poll by state broadcaster NHK, 57% of respondents were in favor of same-sex marriage.

Source: lefigaro

All news articles on 2022-11-30

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