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A Japanese court has ruled that the lack of legal recognition for same-sex marriage is unconstitutional, in the country’s first judgment on marriage equality.
The Sapporo court on the northern island of Hokkaido made the decision Wednesday, Kyodo News said, in the first of a series of similar damages lawsuits brought by same-sex couples in five courts in the country. The three couples who were parties to Wednesday’s case said their rights had been violated because equality and freedom of marriage are enshrined in the constitution, the NHK public broadcaster said.
“This is a groundbreaking statement and me hope it will be an opportunity to build awareness that marriage is a right that should be accorded to all people equally, ”said Masa Yanagisawa, head of Prime Services Japan at Goldman Sachs, who is also on the campaign group’s board. Marriage For All.
The Sapporo court rejected the plaintiffs’ claim for compensation from the government, but said in its ruling that the lack of access to some of the rights granted to heterosexual couples amounts to discrimination, Kyodo said.
The question is whether the other district cases lead to similar rulings and whether an appeal will be lodged.
While a number of local authorities have begun to recognize same-sex partnerships, Japan has made little progress towards equal marriage compared to Western countries. That can leave couples without basic rights, such as the opportunity to visit a partner in the hospital
In Asia, only Taiwan has recognized same-sex marriage so far, although Thailand could make the change as early as this year.
A long way forward
Asia is far behind Europe and America in marriage equality
Source: The Human Rights Campaign Foundation
Prime Minister Yoshihide Suga told parliament last month that the constitution, unchanged since 1947, did not provide for recognition of same-sex marriage. The issue “concerns the foundations of the family in this country and should be viewed with extreme caution,” he said.
A more modest bill promoting understanding of LGBTQ people, drafted by a ruling Liberal Democratic Party legislature, has yet to make headway to become law.
Updates with details on the ruling in the fourth paragraph