The LGBTQ community last week hailed a groundbreaking decision by a district court in Japan that ruled the ban on same-sex marriage was “unconstitutional.” The joint lawsuit filed by three same-sex couples in Sapporo argued that not allowing same-sex unions violates Article 14 of the Japanese Constitution, which stipulates equality under the law.
Japan does not have legal protections for same-sex couples or laws that protect people identifying as LGBTQ from discrimination.
The presiding judge, Takebe Tomoko, dismissed the plaintiffs’ claim for ¥6 million ($54,000) in compensation for psychological damage but ruled that denying same-sex couples the legal benefits that come with marriage was “unreasonable discrimination.” While delivering the ruling Takebe rebuked the outdated view that homosexuality is a mental illness, saying, “It is well-established that sexual orientation cannot be changed at will.” It is the first legal precedent in Japan that explicitly refutes LGBTQ discrimination.