Japanese Court Rules Gay-Marriage Ban Unconstitutional

metroweekly.com:

A major Japanese court ruled that the current ban on same-sex marriage is unconstitutional.On Tuesday, a Japanese district court ruled that the government’s current policy of prohibiting same-sex marriages violates the country’s constitution.

Supporters of LGBTQ rights say this is a step in the right direction toward marriage equality in the country.According to Kyodo News, Judge Osamu Nishimura, of the Nagoya District Court ruled that the current system of marriage in Japan is unconstitutional because it excludes same-sex couples, thereby leaving them with no legal protections when it comes to issues like health care decision-making, child-rearing, and inheritance rights, among other rights and privileges that come with matrimony.This is the second court ruling finding that the government’s ban on gay marriage is unconstitutional, following a similar challenge from the city of Sapporo.However, district courts in Tokyo and Osaka sided against petitioners in two other challenges to the existing marriage law.

A fifth challenge is still pending in the courts. Both of the pro-LGBTQ rulings can potentially be appealed to the country’s Supreme Court, but have not been as of yet.Lawmakers also have the option of amending the law to permit same-sex nuptials.Support for the decision was seen outside the court as supporters waved rainbow flags and held signs saying “Another step towards marriage equality.”The lawyer for the plaintiffs, Asato Yamada, said that the current policy prohibiting same-sex marriage violates the guarantee of equal rights under Article 14 of the constitution. “It’s a major step toward achieving marriage equality,” he said. “The judicial branch, on behalf of the rights of minorities, raised its voice and it.