Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, March 26, 2021

Japan: Same-Sex Marriage Ban is Now Unconstitutional

From Washington Post:

This is the first ruling on same-sex marriage in Japan — and it is groundbreaking.

In 2019, the first lawsuits in Japan were filed in five district courts directly challenging the constitutional violation of not recognizing same-sex marriages. On Wednesday, the Sapporo District Court ruled that the current law, which does not recognize same-sex marriage, is unconstitutional because it violates the principle of equality stipulated in Article 14 of the Japanese constitution.

The ruling highlights the following: The standard of review is strict, the decision was made by indicating to the purposes and essence of marriage, and the Sapporo ruling affirmed that the majority’s understanding or acceptance was not a requirement.

Read more here.

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