Japan: historic ruling, ‘no’ to gay marriage unconstitutional

by time news

A Japanese court declared the government’s position not to recognize the unconstitutional same-sex marriage; this is the first sentence with such characteristics in the country. In the district court ruling of Sapporo, the judge Tomoko Takebe argues that denying same-sex marriage constitutes “discriminatory treatment without rational basis”, among other things contrary to Article 14 of the Japanese Constitution, which guarantees equality before the law.

The ruling could influence the national debate on the recognition of same-sex marriage. In fact, currently the Gay marriage it is recognized only with limitations by some municipal administrations and Sapporo itself is one of the administrations that has opened the possibility of non-binding certificates for this type of unions. Two couples of men and one of women, who are part of a group of 13 couples who turned to the judges of Sapporo, in fact, but also Tokyo, Osaka e Nagoya, arguing that the failure to recognize same-sex marriage violates the Magna Carta, which instead provides for the freedom of marriage and legal equality.

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