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Japanese court rules that same-sex marriage ban is not unconstitutional, major setback to LGBT rights

A Japanese court concluded on Monday that the country’s refusal to recognise same-sex marriage is constitutional, a setback for advocates after a landmark ruling last year determined the reverse.

Three same-sex couples filed the action in Osaka district court, seeking damages of one million yen ($7,400).

‘From the standpoint of individual dignity, it can be claimed that it is important to realise the benefits of same-sex couples being publicly recognised through official recognition,’ the court verdict concluded, rejecting their allegation that being unable to marry was unconstitutional.

A Sapporo court ruled in March 2021 in favour of a claim that the government’s refusal to legalise same-sex marriage violated the constitution’s guarantee of legal equality.

Activists in Japan have been hoping to put pressure on the government to address the issue since the ruling, but their hopes have been shattered by the current verdict.

Marriage in Japan is defined as ‘the mutual consent of both sexes,’ according to the constitution.

In Asia, only Taiwan has voted to legalize same-sex weddings, despite the fact that Japanese law is rather liberal in certain aspects by continental standards.

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