TOKYO. A Japanese court has ruled that the ban on same-sex marriages is unconstitutional, recognizing the rights of same-sex couples for the first time. The judges rejected the plaintiffs’ claim for government compensation, but set a precedent that represents a big win for same-sex couples and could influence similar lawsuits across the country. The Sapporo District Court said that sexuality, like race and gender, is not a matter of individual preference, so it is not possible to justify banning same-sex couples from having the same rights as heterosexual couples. “The legal benefits of marriages should benefit both homosexuals and heterosexuals alike,” the court said, according to a copy of the ruling.
According to Japanese law, marriage should be based on “mutual consent of both sexes”, which is currently interpreted as marriage only between a man and a woman. While awareness and support for LGBTQ + people is on the rise in Japan, discrimination persists. Same-sex couples cannot inherit their partner’s home, property and other assets, nor have parental rights over any child. More municipalities have issued ordinances to facilitate the rental of apartments, but they are not legally binding. Transgender people also experience a lot of hardship in society where gender identity is highly specific.