Banning same-sex marriage is unconstitutional, a Japanese high court rules

Tokyo — A Japanese high court ruled Thursday that denying same-sex marriage is unconstitutional and called for urgent government action to address the lack of any law allowing such unions.

The court doesn't have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples, or a new law is enacted that allows for other types of unions.

The Sapporo High Court ruling said not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to have a family.

A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo District Court ruling was only a partial victory for Japan's LGBTQ+ community calling for equal marriage rights, as it doesn't change or overturn the current civil union law that describes marriage as between a man and a woman.

Five previous court decisions in various districts said Japan's policy of denying same-sex marriage is either unconstitutional or nearly so. However, unlike the Sapporo ruling, none of the low-level courts clearly deemed the existing marriage law unconstitutional

Japan is the only country among the so-called G-7 industrialized nations that doesn't allow same-sex marriage. But, reports CBS News correspondent Elizabeth Palmer, momentum for change is growing, thanks in large part to couples who've stepped out of the shadows to push for equality and inclusion — despite the personal risks.

Palmer says banners and the bunting were hung in July for Tokyo's first full-scale Pride parade since the coronavirus pandemic. It was both a party, and a political rally to press for same-sex marriage rights.

U.S. Ambassador Rahm Emanuel joined the crowds and lent his vocal support, saying he could already "see a point in Japan's future" when, "like America… where there is not straight marriage… not gay marriage… there's only marriage."

Proudly joining the parade that day were Kane Hirata and Kotfei Katsuyama, who have become poster boys for the cause.

Asked why they believe their country is the only one in the G-7 that doesn't yet allow same-sex marriage, Katsuyama told CBS News Japan's ruling political party has close ties with fringe religious sects and staunchly conservative anti-LGBTQ groups.

A powerful right-wing minority in Japan's parliament has managed for years to block major changes to the country's marriage laws.  

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• Same-Sex Marriage
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