Japanese Courts Opposite Similar Marriages, Highlights The Protection Of Rights

JAKARTA - The Tokyo court ruled a ban on same-sex marriage on Wednesday, but said a lack of legal protection for same-sex families violates their human rights.

Japan is the only G7 country that does not allow same-sex marriage. The constitution defines marriage based on the mutual consent of the two sexes.

Although Prime Minister Fumio Kishida's ruling party has yet to reveal plans to review the matter or propose a change, some senior members support same-sex marriage.

In Wednesday's ruling, the Tokyo District Court said the ban was constitutional, but added there was no legal system to protect same-sex families violate their human rights.

"This is actually a pretty positive decision," said Nobuhito Sawasaki, one of the lawyers involved in the case.

"While a permanent marriage between men and women, the decision to support it, is also said that the current situation without legal protection for same-sex families is not good, suggesting something should be done about it," he told Reuters.

It is known, Japan does not allow same-sex couples to marry or inherit assets from each other, such as a common home, and rejects the rights of parents to their respective children, even visits to the hospital can be difficult.

Although partnership certificates from the city government cover about 60 percent of Japan's population, they do not give the same rights to same-sex couples enjoyed by heterosexual couples.

Tokyo's ruling will have an effect, as the capital has a huge influence across Japan.

It has been eagerly awaited after expectations emerged in the 2021 decision in Sapporo City, that the ban is unconstitutional, although another decision in Osaka in June upheld the ban.

The eight plaintiffs in the case said the ban violated their human rights and demanded compensation of 1 million yen, even though the court rejected it.

"This is hard to accept," said Gon Matsunaka, head of the group of marriage activists for the entire Japan.

"Heterosexual and same-sex couples should benefit from the same benefits of the marriage system, because everyone is the same under the law," he added.

"It (the decision) clearly says that it is impossible."

However, the recognition that same-sex families do not have legal protection is a "big step", he said.

The decision came a day after the US Senate passed a same-sex marriage protection law, while Singapore lifted a gay sex ban but limited prospects for legalizing same-sex marriage.