A court in central Japan ruled the country’s lack of recognition for same-sex marriage violates the constitution, local media reported, the second such decision that could add pressure on Prime Minister Fumio Kishida’s government to give more rights to LGBTQ couples.
(Bloomberg) — A court in central Japan ruled the country’s lack of recognition for same-sex marriage violates the constitution, local media reported, the second such decision that could add pressure on Prime Minister Fumio Kishida’s government to give more rights to LGBTQ couples.
The Nagoya District Court on Tuesday sided with a gay couple that argued they don’t have equal treatment under the law because of their inability to wed, according to public broadcaster NHK and other news outlets. The presiding judge rejected a demand by the plaintiffs, who are both in their 30s, for the state to pay damages, the reports said.
Japan is the only Group of Seven nation that doesn’t recognize same-sex marriages or civil unions, and couples have brought a series of lawsuits across the country in a bid for change.
Results have so far been mixed, with a court on the northern island of Hokkaido ruling in 2021 that the lack of recognition for same-sex marriage is unconstitutional, while an Osaka court said LGBTQ couples’ rights haven’t been violated.
The Tokyo District Court’s decision in November wasn’t as clear cut, saying that the absence of a legal framework for same-sex couples to become a family poses a “grave threat” to their rights, but doesn’t go so far as to violate the constitution.
The Japanese public is largely in favor of recognizing same-sex marriage, with 63% of respondents in a recent poll by broadcaster JNN supporting the idea. But Kishida, who heads the long-ruling conservative Liberal Democratic Party, has emphasized the need to tread cautiously. Last month, he said he wants to consider developments with such lawsuits as well as partnership systems introduced by local governments including Tokyo.
More stories like this are available on bloomberg.com
©2023 Bloomberg L.P.