Japan court rules barring same-sex marriage not unconstitutional

FILE PHOTO: Plaintiffs’ lawyers and supporters show a banner that reads ‘Unconstitutional decision’ after a district court ruled on the legality of same-sex marriages outside Sapporo district court in Sapporo, Hokkaido, northern Japan March 17, 2021, in this photo taken by Kyodo. Mandatory credit Kyodo/via REUTERS

TOKYO — An Osaka court on Monday ruled that Japan’s ban on same-sex marriage was not “unconstitutional,” dealing a blow 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 had filed the case in the Osaka district court, only the second to be heard on the issue in Japan. As well as dismissing their claim the ban contravenes Japan’s constitution, the court rejected their claim for 1 million yen ($7,414) in damages.

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 favor of a claim that not allowing same-sex marriage was unconstitutional.

Japan’s constitution defines marriage as being based on “the mutual consent of both sexes,” but increasing public support in opinion polls for same-sex marriage, and the introduction of partnership rights for same-sex couples in the capital of Tokyo last week, had increased activists’ and lawyers’ hopes in the Osaka case.

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