Today’s ruling was greeted with cheers from activists and same-sex marriage supporters, who waited outside the court holding rainbow flags
A Japanese court ruled today unconstitutional the prohibition of same-sex marriagesa decision hailed by activists as a step towards marriage equality.
Japan is the only G7 member country where same-sex unions are not legally protected.
The decision by the Nagoya District Court is the second to rule a ban on same-sex marriage unconstitutional, out of four such cases decided in the past two years.
Japan’s constitution defines marriage as that between a man and a woman.
“This decision saved us from the blow of last year’s ruling that upheld the ban and the blow of what the government continues to say,” lawyer Yoko Mizushima told reporters and supporters of the LGBTI+ community outside the court.
The lawyer was referring to a ruling in Osaka last year that found the ban unconstitutional.
Later, Tokyo court validated same-sex marriage ban, but stressed that the lack of legal protection for same-sex families violates their human rights.
Today’s decision was greeted with cheers from activists and same-sex marriage supporters, who waited outside the court holding rainbow flags.
Although polls show around 70% of citizens support same-sex marriage, Prime Minister Fumio Kishida’s conservative ruling Liberal Democratic Party opposes them.
In February Kishida sacked an aide who sparked outrage by saying people would leave the country if same-sex marriage was allowed, but the prime minister remains cautious and has said talks on the issue should go ahead with attention”.
However, more than 300 municipalities in the countrywhich cover about 65% of the population, allow same-sex couples to enter into a cohabitation agreement.
But the right is limited in scope. The parties cannot inherit each other’s assets, nor do they have parental rights over each other’s children. In addition, hospital visits are not guaranteed.
According to Mijushima, in its decision the court points out that these types of cohabitation agreements are not sufficient. However, he considers this decision an encouraging sign.
The government pledged to pass a law promoting “understanding” towards LGBTI+ people before hosting the G7 summit, but opposition from conservatives delayed the law so long that only a very weak version was tabled in parliament on the eve of the start of the session.
The original draft of the law states that discrimination based on sexual orientation and gender identity “shall not be tolerated”, but this was changed and reworded to state that “there shall be no unfair discrimination”, a wording which according to to critics it tacitly allows intolerance.
Japan has come under pressure to make changes, both from other G7 countries and from financial lobbies, with businesses arguing that greater diversity is needed to be internationally competitive.
Source :Skai
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