Japan's refusal to recognize unconstitutional homosexual marriage, the court concludes

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Japan's refusal to recognize unconstitutional homosexual marriage, the court concludes

A high Japanese court ruled on Friday that Japan's refusal to legally recognize homosexual marriage is unconstitutional, the last victory for same -sex couples and their supporters who seek equal rights.

The decision of Friday by the High Court of Nagoya, in central Japan, marks the ninth victory on 10 decisions since the first group of complainants brought prosecution in 2019.

The decision was also the fourth decision of the consecutive high court to conclude that the current unconstitutional government policy, after decisions similar to Tokyo, Fukuoka and Sapporo.

After a fifth court decision scheduled later this month in Osaka, the Supreme Court should deal with the five calls and make a decision.

The Nagoya court said on Friday that not authorizing the same sex couples, the legal right to marry a constitutional guarantee of equality. The Court also confirmed the right to individual dignity and the essential equality of both sexes.

Current civil law, which defines marriage as being between a man and a woman, is discrimination based on sexual orientation and lack of rationality, said the decision.

The government has argued that marriage under civil law does not cover same -sex couples and attributes to natural reproduction. The chief secretary of the cabinet, Yoshimasa Hayashi, told journalists after the decision on Friday that the government would monitor pending proceedings and public opinion.

The complainants and their lawyers say that the crushing winner record of 9-1 in the courts is already sufficient and that the government should quickly take action.

More than 30 complainants have joined the proceedings on equality of marriage filed in five regions of Japan since 2019. They argue that the provisions of civil law unless homosexual marriage violates constitutional law for equality and freedom of marriage.

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