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Same-Sex Marriage Lawsuits Ruling: Tokyo District Court Declares Unconstitutionality

Sota Kimura, a professor at Tokyo Metropolitan University (middle), and others commenting on the ruling of the five district courts in Tokyo.

Lawsuits filed by same-sex couples demanding damages from the national government, alleging that provisions of the Civil Code that do not recognize same-sex marriage are unconstitutional. A press conference was held in Tokyo on the 12th.

Of the lawsuits filed in the five district courts of Sapporo, Tokyo, Nagoya, Osaka, and Fukuoka, only the Osaka District Court ruled that the law was constitutional. Sapporo and Nagoya were judged to be unconstitutional, while Tokyo and Fukuoka were judged to be unconstitutional. Attorney Makiko Terahara said, “It’s a historic matter. The court is strongly requesting the Diet to ‘resolve the state of human rights violations immediately.'”

Sota Kimura, a constitutional scholar and professor at Tokyo Metropolitan University, who attended the press conference, said, “If you look at what the courts have ruled unconstitutional, they almost agree that the effect of marriage and the means of becoming a family are not given. (Unconstitutional.) The ruling that states the state is also unconstitutional in that it recognizes the Diet’s legislative obligation.”

The plaintiffs have already filed appeals in four places, including Sapporo, by the 12th, except for Fukuoka, where they are discussing how to respond to the district court’s decision. In Tokyo, the appeal trial will begin on the 23rd of this month. The Tokyo District Court is still proceeding with the second lawsuit filed in 2021. (Okunohi)



2023-06-12 11:00:33
#Samesex #marriage #lawsuit #court #strongly #requests #Diet #Judgments #district #courts #Interview #lawyers #Tokyo #Shimbun #TOKYO #Web

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