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Japanese court: Lack of same-sex marriage recognition presents 'unconstitutional situation'

A Japanese district court has found that no legal same-sex marriage presents Japan with "an unconstitutional situation." File Photo by Keizo Mori/UPI
A Japanese district court has found that no legal same-sex marriage presents Japan with "an unconstitutional situation." File Photo by Keizo Mori/UPI | License Photo

June 8 (UPI) -- A district court in Fukuoka Japan has ruled that failure to legally recognize same-sex marriage presents Japan with "an unconstitutional situation."

The ruling doesn't legalize same-sex marriage in Japan and fell short of declaring Japan's lack of legal recognition unconstitutional as other courts had previously done.

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Judge Hiroyuki Ueda said not having legal unions for same-sex couples is at odds with Article 24 of the Japanese constitution that says marriage matters should be based on "individual dignity and the essential equality of the sexes."

The judge ruled, however, that the current legal framework on marriage does not violate Article 14 of the constitution, which ensures equality under the law, contradicting a May ruling by the Nagoya District Court.

The judge on Thursday also denied claims of $7,140 in damages sought by three couples who brought the case.

Japan is the only G7 nation that has failed to legalize marriage equality.

Five district courts have now ruled on the issue. Only one, the Osaka district court, ruled that barring same-sex marriage is not unconstitutional, while one other court joined Fukuoka in stopping just short of declaring it unconstitutional and two others ruled that it was indeed unconstitutional.

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