On the 25th, Osaka High Law “violation of the Constitution against the Regulations not to allow same-sex marriage” is the fifth after Sapporo, Tokyo, Fukoka, and Nagoya

Plaintiffs demanding the recognition of same-sex marriage are walking to the Tokyo High Court. [Yonhap News] 사진 확대 Plaintiffs demanding the recognition of same-sex marriage are walking to the Tokyo High Court. [Yonhap News]

Japan’s Osaka High Court ruled on the 25th that Japan’s current civil law and family registry law, which do not recognize same-sex marriage, violate the Constitution. It overturned the constitutional ruling in the first trial, and it is the fifth time that the Japanese High Court has ruled unconstitutional against the disapproval of same-sex marriage, following the Sapporo, Tokyo, Fukuoka, and Nagoya High Court.

According to the Mainichi Shimbun, the Supreme Court is expected to make the same decision in the future, and such a move is expected to strongly urge the National Assembly to legislate same-sex marriage.

Osaka High Court Justice Honda Kumiko said the decision not to allow same-sex marriage violates Article 14 (1) of the Constitution, which stipulates equality before the law, and Article 24 (2) which calls for the enactment of a family law based on individual dignity and gender equality, saying it “seriously undermines individual dignity and unreasonable discrimination based on sexual orientation.”

In the lawsuit, three same-sex couples living in the jurisdiction of the Osaka High Court filed a claim against the state for alimony of 1 million yen per person, saying they had neglected to take legislative measures to recognize same-sex marriage.

On the other hand, various polls in Japan show that the majority of young people agree on allowing same-sex marriage. However, the conservative side, centered on the Japanese government, the older generation, and the ruling Liberal Democratic Party, is known to be negative for legislative discussions due to the strong position that “marriage is between men and women.”

AloJapan.com