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

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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.


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