Japan Court: Same-Sex Union Ban at Odds with Constitution

Image copyright: Wikimedia Commons

The Facts

  • On Thursday, the Fukuoka District Court in southern Japan said that the ban on same-sex marriage presents the country with an "unconstitutional situation."

  • Falling short of stating the ban was unconstitutional, the court ruled that Japan's marriage laws violate a section of the Constitution's Article 24 that refers to "individual dignity and equality of the sexes."


The Spin

Narrative A

Not allowing same-sex marriage is unconstitutional. Period. The latest ruling sends a strong message and should be enough to pressure the government to change the law which violates same-sex couples' fundamental rights by denying them legal protection. This ruling may be a step forward but Japan's situation is still disappointing.

Narrative B

The ban on same-sex marriage is in keeping with the constitution, which guarantees heterosexual couples the right to marry under Article 24. Allowing same-sex couples to marry legally would fundamentally change Japanese society and values, which is why the government must avoid making hasty decisions regarding gender equality and sexual diversity.


Articles on this story

Sign Up for Our Free Newsletters
Sign Up for Our Free Newsletters

Sign Up!
Sign Up Now!