Japan HC deems same-sex marriage ban as 'unconstitutional', urges govt to overturn law

livemint.com:

LGBTQ community in Japan cheered the high court ruling as a landmark decision that gives them hope for change toward equality. Notably, the Japanese High Court does not have the provision to overturn the current marriage law, which restricts marriage as between woman and man. The Sapporo High Court ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage, reports AP.

Five previous court decisions in various cities said Japan's policy of denying same-sex marriage is either unconstitutional or nearly so. However, this is the first time, the current marriage law in Japan was deemed ‘uncoinstitutional’. Sapporo High Court Judge Kiyofumi Saito said the constitutional freedom of marriage is about partnership between two human beings, and the right to marry should equally protect couples of different and same sexes.

With their exclusion, same-sex couples have experienced significant disadvantages, suffering or loss of identity, the judge said. “Disallowing marriage to same-sex couples is a discrimination that lacks rationality," the ruling said. But allowing same-sex marriage creates no disadvantage or harm to anyone, it said.

Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to legally marry and receive spousal benefits. Notably, Japan has been in the news for its worrying decline in populations, triggering speculation of population wipe out. While Japan's conservative government has been criticized as stonewalling diversity, recent surveys show a majority of Japanese back legalizing same-sex marriage.