OSAKA, Mar 26 (News On Japan) –
In an attraction case difficult the federal government’s refusal to acknowledge same-sex marriage, the Osaka High Court dominated on March twenty fifth that the present authorized framework is unconstitutional, overturning a earlier decrease court docket choice.
The court docket acknowledged that “a separate legal framework other than marriage would only create new discrimination,” and concluded that the denial of marriage rights to same-sex {couples} violates the Constitution.
Chief Judge Kumiko Honda of the Osaka High Court declared, “The current situation, where same-sex marriage is not allowed, is an irrational system that significantly undermines individual dignity.”
The excessive court docket rejected the sooner ruling, which had upheld the federal government’s stance that “marriage is intended to protect men and women who bear and raise children.” Instead, it emphasised that the establishment of marriage isn’t inherently tied to the potential for pure copy, mentioning that it needs to be considered individually from reproductive features. Based on this reasoning, the court docket discovered the prevailing authorized construction in violation of Article 24, Paragraph 2 of the Constitution.
Additionally, the court docket dominated that it additionally violates Article 14, which ensures equality beneath the regulation, warning that “establishing a separate legal framework only for same-sex couples risks creating new forms of discrimination.” This marks the fifth excessive court docket ruling in Japan declaring such a authorized stance unconstitutional.
The authorities responded by stating it will “closely monitor the decision.”
Source: KTV NEWS