Court in Japan rules same-sex marriage ban unconstitutional in landmark decision
CA, 17 Mar 2021
A Japanese court ruled on Wednesday that not allowing same-sex couples to get married is "unconstitutional," setting a precedent in the only G7 nation not to fully recognize same-sex partnership.
The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes.”
While a new law will be needed before same-sex marriages can actually take place, the plaintiffs' lawyer called the ruling "revolutionary," while LGBT activists deemed it life-changing.
Under the current rules in Japan, same-sex couples are not allowed to legally marry, can't inherit their partner's assets, such as the house they may have shared, and also have no parental rights over their partners' children. Though partnership certificates issued by individual municipalities help same-sex couples to rent a place together and have hospital visitation rights, they still do not give them the same full legal rights as heterosexual couples.
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