The Osaka District Court on Monday rejected a claim for damages made by three same-sex couples, who argued that Japan’s legal non-recognition of same-sex marriage was unconstitutional.
According to information from NHK, the couples demanded compensation of 1 million yen (about R$38,000). Judge Doi Fumi argued that Article 24 of the Japanese Constitution does not provide for same-sex marriage.
Regarding article 14, which stipulates that all people are equal before the law and which was the basis of the lawsuit filed in Osaka, Doi described marriage between heterosexual partners as “a means of allowing society to protect couples who reproduce and raise children,” according to the Japanese broadcaster.
However, the judge said that same-sex marriage is a debate “in which no conclusion has yet been reached” and that the interpretation of the Constitution on the matter must be done “in a democratic manner, taking into account the traditions of the Japan, public sentiment and the problems faced by couples and families”.
Thus, according to NHK, the judge suggested that the state “may violate the Constitution if it fails to keep up with changing values and continues to prohibit same-sex marriage.”
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