High Court Rules Same-Sex Marriage Denial Unconstitutional

Sapporo/Tokyo, March 14 (Jiji Press)--Sapporo High Court in northern Japan ruled Thursday that existing provisions, including of the Civil Code, that do not recognize same-sex marriage are unconstitutional. 

Presiding Judge Kiyofumi Saito said that the provisions violate the first sentence of the Constitution's Article 24 that guarantees the freedom of marriage, while dismissing the plaintiffs' claim for compensation. The plaintiffs plan to appeal the ruling.

In the lawsuit, three same-sex couples in the northernmost Japan prefecture of Hokkaido claimed that the provisions violate the constitutional guarantee of freedom of marriage, and sought damages of 1 million yen each from the state.

It was the first high court ruling in a series of lawsuits filed with five district courts across the country over the provisions.

Also on Thursday, Tokyo District Court issued its second ruling finding that the provisions are in a state of unconstitutionality.

In six rulings handed down by the five district courts, the provisions have been found unconstitutional by Sapporo and Nagoya district courts and constitutional by Osaka District Court. Rulings by Fukuoka District Court and Tokyo District Court found the provisions to be in a state of unconstitutionality.

All the six rulings rejected the plaintiffs' damages claims against the state, while finding that the provisions conform with the first sentence of Article 24.

At the Sapporo court on Thursday, Presiding Judge Saito said that the first sentence "guarantees marriage between persons of the same sex to the same extent as marriage between persons of the opposite sex."

"Homosexuals are subject to significant disadvantages in social life, and their personalities, which form their dignity, are being undermined," the judge also said.

While noting that there will be no disadvantages even if same-sex marriage is recognized, the judge concluded that the provisions "go beyond the scope of parliamentary discretion at the moment and violate Article 24."

The judge added that he provisions also violate the first sentence of the Constitution's Article 14, which stipulates equality under the law, as recognizing opposite-sex marriage but not recognizing same-sex marriage is "discriminatory treatment that lacks reasonable grounds."

Meanwhile, the judge did not order the state to pay compensation, saying, "It cannot be said that the Diet has neglected legislative measures for a long time without a legitimate reason."

In Thursday's ruling at Tokyo District Court, Presiding Judge Tomoyuki Tobisawa said that there is no system that gives same-sex couples legal benefits of marriage, which is "nothing less than depriving same-sex couples of their important personal interests of living in accordance with their gender identity and sexual orientation."
END