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Major setback for LGBTQ rights in Japan

Socio Legal Corp

Written by Neena Nagare

Japanese gay couples do not fully enjoy the same rights that straight couples do including marrying each other and being able to share parental rights over each other’s children. For the same, three Japanese same-sex couples filed a case in the Osaka district court and sued the government for 1 million yen ($7,400) in damages.

In March 2021, the Sapporo court had decided in favor of the claim reasoning that the lack on part of the government to address same-sex marriage issue is in violation of the constitution which provides equality to all under the law.

After the verdict, LGBTQ activists were hoping to get some positive action regarding same-sex marriages by the government, however it has taken a major set back with the latest verdict.

The Japanese constitution defines marriage on the basis of mutual consent of both the sexes.

However, the current verdict on Monday rejected the claim that being unable to get married was unconstitutional. The court ruling stated “From the perspective of individual dignity, it can be said that it is necessary to realize the benefits of same-sex couples being publicly recognized through official recognition.”


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