Japan court finds same-sex marriage ban unconstitutional

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image captionThe case has been watched keenly by gay rights activists

A district court in Japan has in a landmark decision ruled that the country's failure to recognise same-sex marriage is "unconstitutional".

Japan's constitution defines marriage as one between "both sexes".

But a Sapporo court ruled that this denied the couples constitutionally-guaranteed equality, in what is seen as a symbolic victory for LGBTQ activists.

Japan is the only country in the G7 group of developed nations that does not allow same-sex marriage.

The case was one of several brought to district courts in various parts of Japan by a group of same-sex couples who are seeking damages for mental suffering.

The Sapporo court rejected the compensation claim of one million yen ($9,000; £6,480) per person for being denied the same rights as heterosexual couples.

But it found that not allowing them to marry was unconstitutional.

"I couldn't hold back my tears. The court sincerely gave its thorough attention to our problem and I think it issued truly a good decision," one plaintiff told reporters outside the courthouse, according to news agency AFP.

Japan's constitution, put in place after the end of World War Two, defines marriage as one of "mutual consent between both sexes".

The government has said this means same-sex marriage was not "foreseen" at the time.

But lawyers for the plaintiffs said the phrasing was actually meant to prevent forced marriages, and that there is nothing in the constitution that explicitly prohibits gay marriage.

The court in Sapporo, the capital city of the northern Japanese island of Hokkaido, is the first to give its verdict, and its ruling is seen as having significant impact on the other courts.

But there is still some way to go.

Even if all district courts declare same-sex unions constitutional, the legalisation of same-sex marriages is not guaranteed. But many still consider the move a win for marriage equality.

"[We] are one step closer to legalising same-sex marriage" said one Japanese Twitter user.

"This could be a historic watershed when looked back in the future, and it should be," another said.

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