Despite finding that the prohibition on same-sex marriage is constitutional, a Tokyo court declared on Wednesday that the absence of legal protection for same-sex families violates their human rights. Only Japan, a member of the G7, forbids same-sex marriages, and according to its constitution, marriage must be “based on the mutual agreement of both sexes.” Even though a few of its top members are in favor of same-sex marriages, the government of Prime Minister Fumio Kishida has not yet shown any plans to examine the issue or introduce legislation.
The Tokyo District Court’s decision stated that while the prohibition was lawful, same-sex families’ human rights were being violated since there is no legal framework in place to safeguard them. Currently, Japan bans same-sex couples from getting married, inheriting each other’s property, including any homes they may have cohabited, and granting them any parental rights to each other’s offspring.
Despite the fact that Tokyo and roughly 60% of the rest of Japan are now covered by partnership certificates from municipalities, same-sex couples do not have the same privileges as heterosexual couples.