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A step back in Japan: same-sex weddings are not legal

  • A Tokyo ruling confirms on Wednesday that the ban on these marriages is not illegal, as they do not fall within the definition of marriage. It is the only country in the G7 that does not allow marriage between equals.

01 December 2022 - 12:12
Salatzaileak Sapporoko epaitegi parean, 2021ean epaia irabazi zutenean.

In Japan, it is legal to ban same-sex marriages, as confirmed by a jury in Tokyo. For the second time a ruling of this kind has been issued in the country, which was also decided by another court in June 2022. The judgment originates from the denunciation of eight people, who prevented marriage among those of the same gender, who denounced their unconstitutionality. However, both judgments have concluded that the Japanese Constitution does not violate the rights of spouses, arguing that the Constitution defines marriage as a “union between the sexes.”

The non-acceptance of marriages between gender equals is not illegal because the law itself does not define them as marriage. That is what has happened in Japan. The case has had prolonged breathing, as in 2019 the eight spouses reported and in March 2021 the court of Sapporo decided for them. But the other two judgments make him wrong. And that is that in Japan, within the definition of marriage, there are issues like succession, prosecution, custody of children and others. In the account of same-sex couples, the Government understands that these elements are not guaranteed and therefore do not understand them as marriage. The Government has not expressed its intention to adapt the text.

The judgment represents a setback in Japan’s list of rights, and could even acquire a retrograde image: The G7, consisting of Germany, Canada, the USA, France, Italy, the UK and Japan, is the only state that does not accept these marriages. The ruling also contradicts the international image of Japan: the country is renowned for a culture based on respect, accepting and respecting the culture of anyone from abroad. However, it has shown that it is not so progressive and friendly at home: conservatism still weighs heavily.

One more example

Japan is no exception to world photography: Taiwan has been the first Asian country to have passed same-sex marriage in 2019. But there are other cases where it is not mandatory to ban marriage, because relations between people of the same gender do not “exist”, at least in public life. In the case of Russia: Until 1993, “homosexuality” was a crime and nowadays, since 2013, “propaganda” has been punished. That is, making same-sex couples public on the street. It is therefore not a crime, but it is not legal either.

So there are many other countries. In Africa, it's banned in 30 countries, there's no argument about marriages. The exception is South Africa: Marriage was authorized in 2006. Moreover, the death sentences of Saudi Arabia or the United Arab Emirates are known in the Middle East.


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