Plaintiffs' lawyers and supporters show a banner that reads 'Unconstitutional decision' after a district court ruled on the legality of same-sex marriages outside Sapporo district court in Sapporo, Hokkaido, northern Japan March 17, 2021, in this photo taken by Kyodo.
A Japanese court for the first time ruled on Wednesday that not recognizing same-sex marriage is "unconstitutional", because Article 14 of the Japanese constitution requires equal laws for everyone.
"Legal benefits stemming from marriages should equally benefit both homosexuals and heterosexuals," the court said, according to a copy of the summary of the ruling.
The decision is deemed to be a symbolic victory in a socially conservative country. This district court ruling alone has no immediate legal consequence, but it could have a positive impact on similar court cases and give hope to activists and the LGBTQ community in the country to continue their efforts to push for legalization.
The case started in 2019, when three same-sex couples sued the government for the psychological harm they claim resulted from not being able to legally marry. They asked the government to pay 1 million yen (around $9,168) each for the damages. But the court decided to reject their claims. Lawyers representing the plaintiffs said they planned to appeal the ruling.
"Today's ruling recognized that we actually exist," said a plaintiff. "I want a society where sexual minorities have hope and a choice in their future."
"We need to make clear that the parliament has left alone the unconstitutional situation by abandoning its legislative duties, and have them take action promptly," plaintiffs' lawyers said in a statement.
Some parts of the country issue "partnership certificates" that facilitate same-sex couples to rent together and have hospital visitation rights, but they are not legally binding. Japan is the only Group of Seven country that has not recognized either same-sex civil unions or same-sex marriage nationwide.
In addition, the country hasn't yet enacted a national law that would protect LGBTQ people from discrimination.
Activists are calling the country to adopt an Equality Act ahead of the Tokyo 2021 Olympics.
"Japan is very, very backward in terms of legislation relating to LGBT people," said Kanae Doi, Japan director for non-profit Human Rights Watch. "This landmark decision is going to pressure those opposing the LGBT Equality Act."
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