Japanese courts overthrew the "historic ruling" one year later and ruled that the ban on same -sex marriage was not unconstitutional.
Author:Global Times Time:2022.06.21
According to a report from Kyodo News Agency on June 20, a Japanese court rejected a damage compensation lawsuit on Monday, which claims that the Japanese government's ban on same -sex marriage "unconstitutional" was formed with last year's so -called "historic ruling" formation of last year. In contrast, the ruling determined that such a ban violated equality.
Source: Visual China
In this lawsuit in the Osaka District Court, the three pairs of same -sex partners required each person to get a government compensation of 1 million yen ($ 7,400), and advocated that Japan's existing system for preventing them from registering for marriage was "unfair discrimination".
Kyodo News reported that the above -mentioned rulings in the Osaka Court were the second ruling of same -sex marriage issues after a similar lawsuit began in 2019.
Kyodo News mentioned that the Sapporo District Court ruled last March that Japan's civil law and family registration law did not recognize same -sex marriage, which violated the constitution's guarantee of equal equality before the law. At that time, the ruling was called a milestone in the Japanese minority group rights movement. Japan is the only country in the Western Seven Group (G7) to refuse to recognize same -sex marriage.
In the latest cases, these three pairs of partners who are aged 30 to 50 and live in Aichi Prefecture, Kyoto, and Kanagawa Prefecture, should receive same -sex marriage in accordance with the principles of personal dignity in the Japanese Constitution.
Kyodo News said that the lawsuit focused on the interpretation of marriage around Article 24 of the Japanese Constitution. This legal provision stipulated that "marriage should only be based on the voluntary of both men and women. Cooperation maintenance. "
The Japanese government advocates that this legal provision is suitable for the marriage of heterosexual partners and does not mention same -sex marriage. Therefore, the ban on same -sex marriage should not be considered discrimination.
The Japanese media said that a lawyer team of the three pairs of partners in the Osaka lawsuit issued a statement saying that the court did not provide any convincing reasons to overthrow the previous ruling of the Sapporo court, and the ruling of Osaka was "keep the issue of same -sex marriage. The original, until there was no more discussion, thereby aversion to the invasion of human rights. "
At the same time, an official of the Japanese Ministry of Justice welcomed the new ruling. He said: "The court acknowledged our claim that the provisions of marriage in civil law do not violate the constitution."
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