Not allowing marriage between people of the same sex is “unconstitutional” because it violates their fundamental right to have a family. It is a first ruling by the High Court of Sapporo, in Northern Japan, perhaps a first step towards changing the history of country in terms of civil rights.
The court called for urgent action by the Japanese government to address the lack of a law allowing such unions. Also because the court alone does not have the power to overturn the current marriage law. Government offices may continue to deny marriage status to same-sex couples unless a new law is enacted that allows other types of unions.
Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue partnership certificates, which however are not legally comparable to a marriage.
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It is not the first time that progress has been made in Japan in terms of marriages or civil unions. Already in June 2023 a court had ruled that same-sex marriage was constitutional. For activists there were still elements below expectations, but they considered it progress. A week later another ruling arrived from another court, which expressed itself in the same way.