A Japanese high court declared Thursday that prohibiting same-sex marriage is "unconstitutional" and urged the government to take immediate steps to address the lack of a law enabling such partnerships.?
The court does not have the authority to overturn the current marriage statute, which has been understood to limit marriage between men and women.?
Government offices may continue to deny same-sex couples marriage status unless the current law is amended to accommodate LGBTQ+ couples, or a new law is established that provides for other sorts of partnerships.
According to the Sapporo High Court verdict, denying same-sex couples the ability to marry and get the same benefits as straight couples violates their "fundamental right to have a family".?
A lower court made a similar decision earlier Thursday, becoming the sixth district court to do so. However, the Tokyo District Court verdict was only a partial success for Japan's LGBTQ+ population seeking equal marriage rights, as it did not amend or overturn the present civil union statute, which defines marriage as between a man and a woman.?
Five earlier court decisions in separate districts concluded that Japan's policy of prohibiting same-sex marriage is either unconstitutional or almost so.
However, unlike the Sapporo decision, none of the lower-level courts expressly declared the existing marriage statute illegal.?
Japan is the only member of the Group of Seven nations that still denies same-sex couples the opportunity to legally marry and enjoy spousal benefits.?
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