High Court Finds Same-Sex Marriage Non-Recognition Constitutional

Tokyo, Nov. 28 (Jiji Press)–Tokyo High Court ruled Friday that Japan’s Civil Code and other provisions that do not recognize same-sex marriage are constitutional. Presiding Judge Ayumi Higashi said that the current legal provisions and the absence of a same-sex marriage system “cannot be deemed unconstitutional,” rejecting claims for compensation in a lawsuit filed by eight plaintiffs demanding damages of 1 million yen each from the state. The judge therefore overturned a ruling by Tokyo District Court that found the provisions were in a state of unconstitutionality. That ruling said the current provisions violate the second paragraph of Article 24 of the Constitution, which stipulates that marriage laws should be based on individual dignity. Tokyo High Court was the only high court to find the same-sex marriage denial constitutional, among the six such lawsuits filed with five district courts across the country. The five preceding high court rulings all said the provisions were unconstitutional. The Supreme Court is expected to issue a unified ruling on the matter. On Friday, the Tokyo court said that the first paragraph of Article 24, which stipulates freedom of marriage and other rights, defines marriage as a heterosexual relationship. The court said that while same-sex partnerships are now accepted as a form of family, the first paragraph of Article 24 does not necessarily guarantee same-sex marriage. The court pointed out that it is reasonable to interpret a couple as a pair of a man and a woman, given that reproduction through heterosexual relations remains common. The court also said that the current provisions do not violate the first sentence of Article 14, which guarantees equality under the law. Meanwhile, the court warned that the Diet staying away from discussions on same-sex marriage could be unconstitutional. At a press conference on Friday, Chief Cabinet Secretary Minoru Kihara said that same-sex marriage is closely related to each person’s opinion of what a family is and to the basis of people’s daily lives. END [Copyright The Jiji Press, Ltd.]