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東京訴訟 訴訟情報

2022.12.01

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Significant ruling that not recognizing same-sex marriage results in a state of unconstitutionality

Today, the Tokyo District Court ruled regarding the “Marriage for All” Tokyo lawsuit (first of the two ongoing in Tokyo) that the absence of a legal system that recognizes same-sex couples as family under current law is a serious obstacle and threat against the right to live their lives with dignity, which lacks reasonable grounds in light of personal dignity, and thus results in a state of violation against Article 24, Paragraph 2 of the Constitution.

We consider the ruling today as a significant step forward towards the realization of marriage equality, in that the court indicated that the Japanese Diet (Parliament) must swiftly resolve the current state of unconstitutionality and immediately legislate to that end. Also taking the Sapporo District Court ruling of March 17th, 2021 into account, which stated that the existing laws violate Article 14, Paragraph 1 of the Constitution, providing for the principle of equality under the law, it is unacceptable to leave the current situation unchanged where same-sex marriage is not recognized. We urge the Diet to immediately begin legislative work.

The issue of marriage equality is now at a point where the speed of realization, rather than the possibility of it, is the question. We, Marriage for All Japan, will continue to work towards the swift realization of marriage equality through providing PR support for the “Marriage for All” lawsuits, lobbying Diet members, and taking various actions for raising public awareness.

November 30, 2022
Public Interest Incorporated Association Marriage for All Japan
Representatives: Makiko Terahara and Akiyoshi Miwa

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