The Osaka District Court ruled this week that the Japanese government's stance on same-sex marriage was not unconstitutional. “Not authorizing same-sex marriage does not violate the Constitution,” the ruling says.
Same-sex marriage remains unrecognized in Japan, and the ruling is yet another setback for the method of judicially encroaching on national sovereignty, which has proven successful in a number of countries.
The decision also rejected the request of three Kansai-area couples seeking financial compensation from the Japanese government for acting unconstitutionally. This is the second decision.
The Japanese Constitution defines marriage as a “union of mutual consent between the two sexes.” The government does not intend to introduce a bill to amend the text to introduce marriage equality.
Japanese civil status regulations are based on marriage between men and women, including issues such as inheritance, tax benefits, and child custody.
Some local authorities have attempted to issue certificates recognizing same-sex unions, but these documents are not legally binding.
With this decision, Japan consolidates its position as the only country in the G7 – the forum of major capitalist economies made up of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States – which has yet to give in to the LGBT lobby by legalizing same-sex unions.
