Japanese High Court Sets Restrictions On Same-Sex Marriages Of Constitutional Types

Illustration. (Margaux Bellott/Unsplash)

JAKARTA - The Japanese court on Friday ruled that the same-sex marriage ban in the country was constitutional, rejecting the claim for compensation of the plaintiffs.

Friday's decision marked the decision of the first high court to strengthen the country's position in this matter

The Tokyo High Court ruling marks the final high court ruling among six similar lawsuits filed across Japan, quoted from Kyodo News November 28.

Other courts declared the ban violated the Constitution, but on the other hand rejected claims of compensation.

In the latest lawsuit, eight plaintiffs, including those who have same-sex couples, each demanded compensation of 1 million yen.

They argue that civil law provisions that do not allow same-sex marriage violate the right to equality under the Constitution and guarantee of freedom of marriage.

The plaintiffs have appealed against the Tokyo District Court's ruling in March 2024 which declared the situation "unconstitutional", but rejected their claim of compensation.

Among the 12 high and low court decisions so far, the Osaka District Court's decision is the only one stating that there is no constitutional legal recognition.

Japan remains the only Group of Seven (G7) country that has not legalized same-sex marriage or civil ties, despite the growing pressure from the LGBT community and its supporters.

Article 24 of Japan's Constitution, which guarantees the freedom of marriage, stipulates, "Marriage is only based on the mutual consent of both sexes."