The Fukuoka High Court ruled on Friday that a ban on same-sex marriage is unconstitutional, as it violates people’s right to pursue happiness — stronger phrasing than in its lower court ruling, marking a further victory for supporters of LGBTQ+ rights.
It is the third such high court ruling so far in Japan after the Sapporo High Court in March and the Tokyo High Court in October, with both declaring the same-sex marriage ban to be unconstitutional. The Fukuoka District Court ruled in June 2023 that not allowing same-sex couples to get married violates a clause in the Constitution stating laws shall be enacted from the standpoint of individual dignity.
In the past, Japanese courts have judged the same-sex marriage ban as either “constitutional,” “in the state of unconstitutionality” — which means it is close to being unconstitutional but not yet — and “unconstitutional.”
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