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Japanese Court Prohibits Same-Sex Marriage Constitution

TOKYO (AP)-A Japanese court ruled Monday that the country’s ban on same-sex marriage does not violate the constitution and denied the compensation claims of three couples who say their right to freedom has been hacked. inclusion and equality.

The Osaka District Court decision is the second decision in the matter and disagrees with the Sapporo court’s decision last year which ruled that the ban on same-sex marriage was unconstitutional. He stressed how isolated the issue is in Japan, the only member of a group of seven large industrialized countries that does not recognize same -sex unions.

In its decision, the Osaka court dismissed the plaintiffs’ claim for compensation of 1 million yen ($ 7,400) for discrimination against the couple.

The plaintiffs – two husbands and one wife – are among 14 same -sex couples who have filed lawsuits against the government in five major cities – Sapporo, Tokyo, Nagoya, Fukuoka and Osaka – because in violation of free association and equality rights in 2019.

They claimed that they suffered unlawful discrimination by being denied both the economic and legal benefits enjoyed by heterosexual couples through marriage.

Support for sexual diversity in Japan has slowly increased, but legal safeguards for lesbian, gay, bisexual and transgender people are still lacking. LGBTQ people are often discriminated against at school, at work and at home, so many hide their sexual identities.

Human rights groups called for an equality law before the Tokyo Olympics last summer, when international attention was focused on Japan, but the bill was withdrawn by the ruling Conservative party.

On Monday, an Osaka court ruled that freedom of marriage under the 1947 constitution only means male-female unions and does not include members of the same sex, and thus the ban is unconstitutional. in same-sex marriage.

Judge Fumi Doi said that for heterosexual couples, marriage is a system established by society to protect the relationship between men and women who give birth and raise children and the ways to protect Same -sex relationships are still the subject of public debate.

However, the court called on Parliament to find ways to better protect same-sex marriage, including options to legalize same-sex marriage.

Monday’s decision was a setback for activists hoping to put pressure on the government following the Sapporo District Court’s decision in March 2021.

The plaintiffs and their attorneys declared they do not accept the decision on Monday and said they would appeal.

The plaintiff, Akio Tanaka, told a press conference that he had taken legal action to get the court’s support to act against parliament, but “the court was reluctant to make a decision.”

He seems to continue the fight. “We don’t have time to get frustrated,” he added.

Public opinion in Japan currently supports the legalization of same-sex marriage.

Under Japanese law, same-sex couples cannot inherit property, homes or other property they share and have no parental rights over each other’s children. They are often prohibited from renting apartments together, visiting the hospital and other services available to couples.

More than 200 municipalities in Japan, or 12% of the total, have begun issuing certificates of illegal same-sex marriage since Tokyo’s Shibuya district became the first in 2015.

The Tokyo Metropolitan Government recently adopted a plan to register sexual minority couples starting in October in search of their partnership certificates.

However, it is not the same as a marriage certificate and does not provide equal legal protection.

Taiwan is the only country or territory in Asia that has legalized same-sex marriage.

Source: Huffpost

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