A court ruled on Wednesday that Japan’s prohibition on same-sex marriage was constitutional, dealing the only G7 country—and a blow to LGBTQ rights—with the second such decision.
But in a decision that plaintiffs interpreted as a beacon of optimism, the Tokyo district court found that same-sex couples’ human rights were violated because there is no legal framework that permits them to bear children.
Marriage in Japan is defined by the constitution as requiring ‘the mutual consent of both sexes,’ and the government of Prime Minister Fumio Kishida has not yet announced any plans to look into the issue or put out legislation.
The court came to the identical judgement as a court in Osaka in June, concluding that outlawing same-sex marriage was constitutional. When a court in Sapporo, northern Japan, declared the restriction to be unconstitutional, hopes were high.
The case involved eight individuals in four partnerships who claim that the prohibition on same-sex marriage violates their human rights. They also sought damages of one million yen each, which the court refused.
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