The Tokyo High Court says that not recognizing same-sex marriage is “unconstitutional” and “should be treated with the same respect as between a man and a woman.” Plaintiff: “I’m happy to be alive”: Tokyo Shimbun TOKYO website

On the 30th, the Tokyo High Court issued an appeals court decision in a lawsuit in which seven same-sex couples in Tokyo sought a total of 7 million yen in damages from the government , arguing that there are provisions in the Civil Code that do not recognize the same thing. – same-sex marriage violates the Constitution. He admitted that this was “discriminatory treatment based on sexual orientation” and violated Article 14 of the Constitution, which specifies “equality before the law,” and Article 24, Paragraph 2, which wants “legislation regarding marriage and family based on dignity. of the individual.” (Masutake Kato)

There have been six similar lawsuits in five district courts across the country, and this is the eighth judgment in the district and high courts combined. Four cases were deemed unconstitutional. This is the second consecutive high court decision to find the law unconstitutional, following the Sapporo High Court decision in March. Both claims for compensation were rejected. Three cases were found to be “unconstitutional,” and one case was found to be “constitutional.”

◆ “Foundation for a sustainable and fulfilling life”

Presiding Judge Sonoe Taniguchi said in her decision, “Being able to form a legal relationship as a spouse with the person you have chosen as your life partner is the basis for a stable and fulfilling life, and is an important legal advantage. in same-sex relationships, should be treated with the same respect as between men and women.”

He also pointed out that the desire and ability to have children is not a necessary reason for marriage, and that the public’s understanding of same-sex marriage is increasing. “It cannot be said that there is a reasonable basis for distinguishing whether a person is entitled to important legal benefits based on their sexual orientation, which cannot be chosen or changed by the will of the person,” and which violates Articles 14 and 24. , Paragraph 2 of the Constitution Then he decided.

No decision has been made whether this goes against Article 24, Paragraph 1, which specifies “freedom to marry”.

On the other hand, the court rejected the claim for compensation, arguing that the fact that the Diet had not legislated same-sex marriage was illegal because courts in different countries had divided judgments otherwise -statutory, and that the High Court had not issued an agreed agreement. judgement.

The decision of the Tokyo District Court of First Instance in November 2022 found the situation “unconstitutional” in violation of Article 24, Paragraph 2 of the Constitution. However, they rejected the request, saying that the decision on what kind of system to implement would be left up to the Diet. The plaintiff had filed an appeal.

◆”The presiding judge said ‘husband’…”

Chizuka Oe, Yoko Ogawa, and Haru Ono (second from left) hold a press conference in Kasumigaseki, Tokyo, following the verdict in the same-sex marriage lawsuit (Photo by Tetsuya photo)

“I’m happy to be alive” “Let’s go as fast as possible”. In response to the Tokyo High Court’s ruling on the 30th that found provisions in the Civil Code that do not recognize same-sex marriage to be “unconstitutional,” the protesters held a press conference in Tokyo and urged on the government to quickly advance discussions towards legislation. same-sex marriage asked.

“Hearing the words “unconstitutional” clearly coming from the mouth of the presiding judge made me feel happy to be alive.” Plaintiff Yoko Ogawa (61) from Nakano Ward beamed. Chizuka Oe, 64, her partner of 30 years, said with a smile, “I was so happy that the presiding judge said the word ‘spouse’ several times.” In the courtroom, he took notes and he listened carefully so as not to miss what the presiding judge was saying.

◆ “To prevent human rights violations and unreasonable discrimination from continuing”

When Ogawa felt sick and was advised to go to the hospital by a doctor, he did not go to the hospital because he felt burdened by wondering if his same-sex partner could to be a sponsor. “I often feel safe if I have legal support. I hope that the legislation moves forward as soon as possible,” he said.

Takako Uesugi, a lawyer from the defense team, said, “In order to prevent further human rights violations and unreasonable discrimination against same-sex couples and their families, we would like them to immediately begin negotiations on measures statutory based on the decision. (Chitomo Miyake)

Yes