People attend the Tokyo Rainbow Pride 2023 Parade in Tokyo on April 23, 2023, to show support for members of the LGBT community.
The Japanese government is under increasing pressure to legalize same-sex marriage after a court declared the ban illegal.
Those fighting to have Japan join the other six G7 countries that recognize same-sex unions hailed Tuesday's May 30 verdict by a district court in Nagoya as a triumph, The Guardian reported.
Court Ruled on a Complaint by Two Men in a Relationship
For the second time in Japan's history, a court has deemed the restriction unconstitutional. Meanwhile, two courts previously said it is consistent with the postwar constitution, which defines marriage as based on "the mutual consent of both sexes."
However, the Nagoya court, deciding on a complaint brought by two men in a relationship, denied their request for compensation of 1 million yen (around $7000) from the state for its refusal to allow them to get married.
Yoko Mizushima, the couple's lawyer, addressed reporters and supporters outside the court and said, "This ruling has rescued us from the hurt of last year's ruling that said there was nothing wrong with the ban and the hurt of what the government keeps saying."
Mizushima was alluding to a decision from a court in Osaka from a year ago finding the prohibition lawful. Eventually, a Tokyo court agreed but added that the absence of legal protection for same-sex families was a violation of their human rights.
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Recent Ruling Will Revive Same-Sex Marriage Debate
Even though the courts cannot make the government do anything, this recent verdict is sure to reopen the discussion on same-sex marriages only two weeks after the government filed an LGBTQ+ rights law to silence critics before the G7 leaders' conference in Hiroshima.
The government had pledged to approve legislation to promote understanding of LGBTQ+ individuals before the G7. Still, it submitted a weaker measure the day before the meeting due to resistance from conservatives in the governing Liberal Democratic Party (LDP).
Legislators changed the bill's wording from "discrimination is unacceptable" to "unfair discrimination" after hearing complaints that the former phrase made the law worthless.
Despite opposition from the LDP's "family values" conservatives, as much as 70% of the population supports legalizing same-sex marriage.
LGBTQ+ Rights Are Restricted
More than 300 cities and towns in Japan allow same-sex couples to get married, which is about 65% of the population, yet their rights are restricted.
Members of same-sex couples have no legal claim to their partner's property or children. Getting permission to see a patient in the hospital is frequently a hassle.
Fumio Kishida, Japan's prime minister, has angered many by arguing that the country's prohibition on same-sex marriage is not discriminatory. According to ABC News, Kishida said allowing it would radically alter society and threaten traditional family values.
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