Japan court rules same-sex marriage ban is not unconstitutional

Japan's constitution defines marriage as being based on "the mutual consent of both sexes"

A Japanese court on Monday ruled the country's ban on same-sex marriage was not unconstitutional, dealing a setback to LGBTQ rights activists in the only Group of Seven nation that does not allow people of the same gender to marry, Qazet.az reports.

Three same-sex couples - two male, one female - had filed the case in the Osaka district court, only the second to be heard on the issue in Japan. In addition to rejecting their claim that being unable to marry was unconstitutional, the court threw out their demands for 1 million yen ($7,400) in damages for each couple.

The ruling dashes activists' hopes of raising pressure on the government to address the issue after a Sapporo court in March 2021 decided in favour of a claim that not allowing same-sex marriage was unconstitutional.

"This is really disappointing," said Gon Matsunaka, a Tokyo LGBTQ activist.

"After the Sapporo ruling, we were hoping for the same ruling or something even better."

Japan's constitution defines marriage as being based on "the mutual consent of both sexes". But the introduction of partnership rights for same-sex couples in Tokyo last week, along with rising support in polls, had increased activists' and lawyers' hopes for the Osaka case.