Japan Court rules ban on same-sex marriage unconstitutional

A Japanese court ruled in Tokyo on May 30, saying that not allowing same-sex marriage was unconstitutional, a decision activists welcomed as a step towards marriage equality in the only Group of Seven nation with no legal protection for same-sex unions.

The decision by the district court of Nagoya was the second to find a ban on same-sex marriage unconstitutional, out of four cases on the issue in the past two years. A marriage between a man and a woman in Japan's Constitution is considered a marriage between a man and a woman.

This ruling has rescued us from the hurt of last year's ruling that said there was nothing wrong with the ban, and the hurt of what the government keeps saying, said top lawyer Yoko Mizushima.

In a ruling in Osaka last year, she said the ban was not out of line with the constitution.

A Tokyo court upheld the ban on same-sex marriage, but said that a lack of legal protection for same-sex families violated their human rights.

Tuesday's ruling was greeted with cheers from the activists and supporters waving rainbow flags outside the court.

While polls show about 70 percent of the public support same-sex marriage, the conservative ruling Liberal Democratic Party (LDP) of Prime Minister Fumio Kishida opposes it.

In February Kishida sacked a aide who sparked outrage by saying people would flee Japan if same-sex marriage was allowed, but the prime minister remains noncommittal about it and has said discussions must proceed carefully.