In Japan, Osaka court rules ban on same-sex marriage does not violate constitution

In Japan, a district court in Osaka, on June 20, declared that country's ban on same-sex marriages does not violate the constitution. After another district court in Sapporo determined in 2021 that the inability to recognise same-sex marriage was "unconstitutional," the verdict struck a blow to gay couples and rights advocates. Notably, marriage is defined in Japan's constitution as a union of "two sexes."

It is the only country in the G7 group of wealthy countries that prohibits the marriage of people of the same sex. As per, a report on BBC, a majority of people in Japan are in favour of permitting same-sex marriage. Several cities, including Tokyo, have started issuing partnership certificates to make it easier for same-sex couples to rent apartments and visit hospitals.

Three same-sex couples, two male and one female, had filed a lawsuit in Osaka. The case is just the second of its sort to be heard in the country, which still holds traditional views on homosexuality. In addition to dismissing their allegation that not being able to marry was unconstitutional, the court also dismissed requests for 1 million yen (5,76,937.30 Rs) in damages from each couple who claimed they had been subjected to unjust discrimination by being denied the right to marry.

The court did acknowledge, however, that there had not been enough public discussion of same-sex marriage and that it may be conceivable to construct a new system that recognises the interests of same-sex couples.

"From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition. Public debate on what kind of system is appropriate for this has not been thoroughly carried out," the court said in its ruling, BBC reported.

Court's decision is a setback for LGBTQ rights advocates

The court's decision is seen as a setback for gay rights advocates and couples who hoped to increase pressure on Japan's government to handle same-sex marriages. Marriage is defined as "mutual consent between both sexes" under Japan's constitution, which was enacted after World War II ended.

Same-sex couples are now unable to marry legally, inherit their partner's possessions, or enjoy parental rights over their partner's children under present laws. Although partnership certificates given by certain local governments assist same-sex couples in renting a home together and having hospital visitation rights, they do not provide them with the same legal protections as heterosexual couples.