(Reuters) – An Osaka court on Monday ruled that Japan’s ban on same-sex marriage was not “unconstitutional”, dealing a setback to LGBTQ rights activists in the only Group of Seven nation that doesn’t allow people of the same gender to marry.
Three same-sex couples – two male, one female – had filed the case in the Osaka district court, only the second to be heard on the issue in Japan. In addition to rejecting their claim that being unable to marry was unconstitutional, the court also threw out their demands for 1 million yen ($7,414) in damages for each couple.”This is awful, just awful,” an unidentified female plaintiff said outside the courthouse in footage shown on public broadcaster NHK after the ruling, her voice cracking. It wasn’t immediately clear whether the plaintiffs planned to appeal.
The ruling dashes activists’ hopes of raising pressure on Japan’s government to address the issue after a Sapporo court in March 2021 decided in favour of a claim that not allowing same-sex marriage was unconstitutional.The ruling triggered a surge of comment in social media in the country, where public support for same-sex marriage has been increasing in opinion polls.
“Unbelievable,” tweeted one lawyer working on third case on the issue being heard in Tokyo, with a verdict due later this year.
Japan’s constitution defines marriage as being based on “the mutual consent of both sexes”. But the introduction of partnership rights for same-sex couples in the capital of Tokyo last week, along with rising support in polls, had increased activists’ and lawyers’ hopes for the Osaka case.
