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Japan court upholds ban on same-sex marriage, but offers hope

A court in Tokyo, Japan’s capital, upheld a ban on same-sex marriage, although it similarly said that this lack of legal protection for same-sex families violated their human rights.

Photo by Aleksandar Pasaric from Pexels.com

A court in Tokyo, Japan’s capital, upheld a ban on same-sex marriage, although it similarly said that this lack of legal protection for same-sex families violated their human rights.

To date, Japan is the only G7 nation that does not allow same-sex marriage, with the country’s constitution defining marriage as based on the mutual consent of both sexes.

In the latest ruling, the Tokyo district court said the ban was constitutional, and yet it specifically added that “the current lack of legal framework that allows same-sex partners to become family is a serious threat and obstacle” to individual dignity, and that this creates an “unconstitutional situation.”

To date, Japan deprives same-sex couples of the rights enjoyed by heterosexual couples – e.g. it does not permit same-sex couples to marry, inherit each other’s assets, denies them parental rights to each other’s children, et cetera.

Partnership certificates are actually issues by municipalities, covering about 60% of Japan’s population, though these do not grant same-sex couples the same rights enjoyed by heterosexual couples.

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