Japan high court rules same-sex marriage ban unconstitutional

https://www.straitstimes.com/asia/east-asia/japan-high-court-rules-same-sex-marriage-ban-unconstitutional

13 comments

  1. > The Osaka High Court on March 25 became the fifth high court in Japan to rule that the country’s lack of legal recognition of same-sex marriage is unconstitutional, but it upheld a lower court decision not to award damages.

    Some context: Osaka the prefecture contains Osaka the metropolitan area, the second largest in Japan after Tokyo. The Osaka High Court is one of eight in Japan (like US circuit courts) and has jurisdiction over six prefectures in mid-western Japan. 

    The prohibition on gay marriage comes from Article 24 of the Constitution, which *was* progressive back when it written by the post-war US occupation. The current constitution has never been amended.
    > Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.

  5. Anyone else just happy to read some good news for a change?

  6. It is always nice to read good news, even if they’re from the other side of the planet.

  7. While the world moves forward, the us moves back in time.

  8. It should be noted that this does not legalize gay marriage in Japan. This is the 5th time a district high court has ruled this, the first being in 2021. It is nothing more then a suggestion to the government that the ban be changed legislatively as a district high court can not make an overturning judgment on the constitution. Only the Supreme Court of Japan can and they have yet to take any of these cases.

  10. I would imagine there are loads of constitutions around the globe that could do with a makeover.

  12. Its not the rulling by the constitutional court, its just a ruling by the high court (which equal to court of appeals), so its not binding and does not necessarily force the Japanese Parliament to amend the existig law.

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