Laws Not Allowing Same-Sex Marriage Ruled in Unconstitutional State


Tokyo, Nov. 30 (Jiji Press)--Tokyo District Court on Wednesday found that provisions in the Civil Code and the family register law that do not recognize same-sex marriage are in a state of unconstitutionality.

Presiding Judge Momoko Ikehara said that the provisions "cannot be said to be reasonable in light of the dignity of individuals and are in a state of unconstitutionality." Meanwhile, the court rejected the plaintiffs' compensation claim.

In the case, eight people living in Tokyo, the southernmost prefecture of Okinawa and Germany sought damages from the government of a total of 9 million yen, or 1 million yen for each plaintiff including one man who has died. They argued that the provisions violate the constitutional principles of equality under law and freedom of marriage.

It is the third ruling in a series of lawsuits on same-sex marriage filed with district courts in Sapporo, Osaka, Nagoya and Fukuoka, in addition to Tokyo.

The first ruling in Sapporo in March 2021 found the lack of official recognition for same-sex marriage unconstitutional for violating the principle of equality under law. Meanwhile, Osaka District Court said in June this year that the provisions were constitutional.

[Copyright The Jiji Press, Ltd.]

Jiji Press