Japan’s high court in Tokyo ruled Wednesday that the nation’s ban on same-sex marriage is unconstitutional.

The decision, which echoes a similar ruling by the Sapporo High Court in March, marks a significant step in the campaign to marriage equality in Japanthe only Group of Seven (G7) country that has not yet legally recognized it same-sex unions.

Described by the court as “unfounded legal discrimination based on sexual orientation”, the decision states that the law violates the constitutional guarantee of the right to equality, as well as the dignity and equality between the sexes of individuals.

In its ruling, the court argued that the ban constituted “discriminatory treatment” based on sexual orientation, with no legal basis for denial. LGBTQ+ couples the right to marry.

The court pointed out that Japan’s marriage laws do not respect “individual dignity” and the principle of equality enshrined in Articles 14 and 24 of the Japanese Constitution.

Compensation was sought by the plaintiffs for the violation of their rights. They have now been denied financial compensation – a common outcome in similar rulings.

“A Critical Step Towards Marriage Equality in Japan”

The decision drew cheers outside the court from supporters and allies.

They waved signs at the scene, calling for marriage equality and further action, saying: “Move further towards marriage equality!” and “No more waiting for legal review!”

“This decision marks a critical step toward marriage equality in Japan and offers renewed hope to same-sex couples across the country,” said Boram Jang, a East Asia researcher with Amnesty Internationalwho followed the legal battles closely.

“This case is also a reminder of the long and fragmented legal battles that couples must endure to exercise equal rights that should already be protected. It is an injustice that weighs heavily on their lives.”

He says the Japanese government needs to take steps to legalize same-sex marriage across the country, rather than relying on inconsistent and inadequate responses at the local level. government level.

Polls show growing support for LGBTQ+ rights

Public opinion in Japan has steadily shifted in favor of same-sex marriage.

According to one Survey 2023 conducted by JNN, about 63% of Japanese citizens support marriage equality, with even higher support among younger generations at up to 80%.

Last year, the Japanese Diet, Japan’s national legislature, passed a landmark law aimed at raising awareness and preventing discrimination based on sexual orientation and gender identity.

The law aims to “promote understanding” among the public while deterring “unfair” treatment of LGBTQ+ people.

Despite this, legislative progress has stalled, largely because of the ruling Liberals Democratic Partythe traditionalist position of (LDP). chief cabinet secretary Yoshimasa Hayashi said following the ruling that the government would monitor further cases because “an introduction of same-sex marriage closely affects people’s family values”.

International pressures from the G7

In recent years, some municipalities have issued a “partnership system,” where certificates allow same-sex couples limited rights, including the ability to secure joint tenancies or access certain health care benefits.

However, these certificates do not confer full legal status or essential rights including inheritance, spousal visas or parental recognition.

The lack of legal protection for LGBTQ+ people has faced increasing international scrutiny, particularly ahead of Japan’s hosting of The G7 Summit at the beginning of this year.

Both Amnesty International and Human Rights Watch they urged Japan to align its policies with international human rights standards.

“All couples, regardless of gender or sexual orientation, deserve the same legal rights, protections and the dignity that comes with recognition under the law,” Jang said.

This article includes reporting from the Associated Press