Japan: ‘Discriminatory’ ruling on same-sex marriage a crushing blow to equality

In response to today’s court ruling in Japan that upheld the government ban on same-sex marriage, Amnesty International’s East Asia Researcher Boram Jang said:

“The court’s endorsement of the Japanese government’s discriminatory ban on same-sex marriage is a deeply damaging setback to equal rights in the country.

Background

Osaka District Court today rejected the claims of three same-sex couples – two male, one female – who argued that Japan’s ban on same-sex marriage was unconstitutional.

It is only the second such case to be heard on this issue in Japan after the Sapporo District Court ruled in favour of three same-sex couples in a similar case last year.

That ruling, on 17 March 2021, said the Japanese government violated Article 14 of the Japanese constitution that ensures the right to equality. However, the court today ruled that Article 14 had not been violated. 

Despite long-running efforts by campaigners, Japan has failed to introduce national legislation to eliminate discrimination based on sexual orientation, gender identity, expression and sex characteristics. 

Amnesty International continues to call on the Japanese government to prioritize LGBTI rights and introduce national legislation that is comprehensive, and specifically prohibits discrimination on the grounds of sexual orientation, gender identity, expression and sex characteristics. 

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