Japan's lower court rules that not allowing same-sex marriage is unconstitutional

TOKYO – A lower court in Japan on Tuesday (May 30) ruled that not allowing same-sex marriage was unconstitutional, a large symbolic step towards marriage equality in the only Group of Seven nation with no legal protection for same-sex unions.

The ruling by the Nagoya District Court in central Japan was the second of four that found Japan’s ban against same-sex marriage was unconstitutional, and could provide further momentum for efforts towards marriage equality.

Though opinion polls show some 70 per cent of the public support same-sex marriage, the conservative ruling Liberal Democratic Party of Prime Minister Fumio Kishida remains against it.

Over 300 Japanese municipalities now allow same-sex couples to enter partnership agreements, covering some 65 per cent of the population.

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But the rights are limited in scope: Partners cannot inherit each other’s assets or have parental rights to each other’s children. Hospital visits are not guaranteed.

Mr Kishida in February sacked an aide who sparked outrage by saying that people would flee Japan if same-sex marriage were allowed, but the Premier remains non-committal about it and has said discussions must proceed “carefully”.