Same sex marriage unconstitutional
Obergefell v. Hodges , U. The 5—4 ruling requires all fifty states , the District of Columbia , and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Between January and February , plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in Obergefell v. After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit.
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Japanese court rules gay marriage ban is unconstitutional
Japan: Court says not recognizing same-sex marriage is unconstitutional | News | DW |
To enjoy our content, please include The Japan Times on your ad-blocker's list of approved sites. A Sapporo court ruled Wednesday that the government's failure to recognize same-sex marriage is unconstitutional in the country's first judicial ruling on marriage equality. The ruling set a new precedent in the only Group of Seven nation not to fully recognize same-sex partnerships, though it rejected demands for damages to be paid. Still, it is a major symbolic victory for the LGBTQ community and activists in a country whose Constitution defines marriage as being based on "the mutual consent of both sexes. In the landmark ruling, presiding Judge Tomoko Takebe sided with the couples who claimed the government was violating Article 14 of the Constitution that ensures the right to equality, describing as "discriminatory" the government's failure to implement legal measures to offer "even a degree" of marital benefits to same-sex couples. However, she rejected the plaintiffs' demand for compensation, saying that the state reparations law was not violated, noting the difficulty for the Diet to quickly recognize the problem.
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In landmark ruling, Japan court says it is 'unconstitutional' to bar same-sex marriage
A court has given hope to the campaign to legalise gay marriage in Japan after it ruled that not allowing same-sex couples to wed is unconstitutional. The Sapporo district court rejected demands for damages filed by three same-sex couples, but its decision — the first of its kind — on the constitutionality of gay marriage is being seen as a significant symbolic victory that could lead to a change in the law. The court said sexuality, like race and gender, is not a matter of individual preference, and so prohibiting same-sex couples from receiving benefits given to heterosexual couples cannot be justified. While new legislation will be needed before same-sex marriages are legally recognised, LGBT activists said the ruling would boost their campaign.
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