The Tokyo High Court ruled today that Japan's ban on same-sex marriage is in line with the Constitution, Kyodo reported. The agency notes that this is the first such decision, after five of the country's eight high courts previously ruled in the opposite direction, BTA reports.
The Tokyo court argued its decision by saying that current civil law provisions that do not allow same-sex marriage remain applicable under current social conditions.
Previously, the high courts in Sapporo, Nagoya, Osaka, Fukuoka and Tokyo had ruled that the lack of legal recognition of same-sex marriages contradicted the Constitution, but at the same time rejected requests for compensation.
The Supreme Court of Japan is expected to issue a final and unified decision on the subject as early as next year.
In the latest case, eight plaintiffs aged between 40 and 60 requested 1 million yen (about 5,500 euros) in compensation for non-pecuniary damages, citing a violation of the principle of equality and freedom of marriage guaranteed by the Constitution.
The government rejected these claims, arguing that the Constitution defines marriage as a union between a man and a woman. Article 24 states that “marriage is based solely on the mutual consent of both sexes“.
Japan remains the only G7 country that has yet to legalize either same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.