HomeCultureJapan Court Rules Gay Marriage Not Protected By Constitution, 'Marriage Is For...

Japan Court Rules Gay Marriage Not Protected By Constitution, ‘Marriage Is For Bearing Children’

LGBTQ+ activists in Japan aren’t going to be too happy with this decision, but unlike America, Japan has a different set of constitutional laws that do not protect the rights to same-sex marriage.

Amid Pride Month, a Japanese court ruled this week that Japan’s same-sex marriage ban did not violate its constitution, and rejected demands for compensation by three couples who said their right to free union and equality has been violated.

According to DailyWire, “The plaintiffs were three same-sex couples, two male and one female, who filed for 1 million yen in damages per couple, or about $7,400; they plan to appeal the ruling to the Osaka High Court.”

The district court agreed with the government’s argument that the purpose of marriage was reproduction, according to translations of Yahoo! Japan. The court added that the system of marriage served a greater “pragmatic purpose” of “protecting men and women to bear children and raise them.”

As originally reported by NPR.org, the Osaka court on Monday said freedom of marriage in the 1947 constitution only means male-female unions and does not include those of the same sex, and therefore banning same-sex marriages is not unconstitutional.

Judge Fumi Doi said marriage for heterosexual couples is a system established by society to protect a relationship between men and women who bear and raise children, and that ways to protect same-sex relationships are still undergoing public debate.

The plaintiffs and their lawyers called Monday’s ruling unacceptable and said they would appeal.


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