this post was submitted on 15 Mar 2024
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A Japanese high court ruled Thursday the country's lack of legal recognition of same-sex marriage is unconstitutional, in a move likely to further mount pressure on the government to do more to protect sexual minorities.

The Sapporo High Court upheld the lower court's landmark verdict in 2021 that said non-recognition of same-sex marriage violates the right to equality protected under the Constitution but rejected a total of 6 million yen ($40,600) in damages sought by three same-sex couples in Hokkaido against the state for emotional distress.

The plaintiffs said they will appeal the ruling to the Supreme Court.

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[–] Toes@ani.social 12 points 8 months ago

Oh that's wonderful news. This is cause for serious celebration, thank you for sharing this.

[–] Zagorath@aussie.zone 7 points 8 months ago (2 children)

The plaintiffs said they will appeal the ruling to the Supreme Court.

Wait, they can appeal a decision which they won

[–] Echinoderm@aussie.zone 9 points 8 months ago

The article has a paragraph later on that says:

In rejecting the plaintiffs' claims for damages, the court said, "It cannot be said that discussions at the Diet...regarding provisions not allowing same-sex marriage are clearly in violation of the Constitution."

I suspect the plaintiffs are only appealing that aspect of the judgment.

[–] kautau@lemmy.world 5 points 8 months ago* (last edited 8 months ago) (1 children)

My guess is it means because the high court voted it as unconstitutional, they are raising the issue to Japan’s Supreme Court to make it a national ruling

[–] NateNate60@lemmy.world 2 points 8 months ago (1 children)

Japan isn't a federation, there is no "federal"

[–] kautau@lemmy.world 2 points 8 months ago

True, my word of choice should have been national, thanks for pointing that out, I’ll edit my comment

[–] CluckN@lemmy.world 0 points 8 months ago

I was hoping the court would remain sober when making the decision.