Earlier this week, the Tokyo District Court handed down a mixed ruling, saying that banning same-sex marriage represents an ¡°unconstitutional state¡± but is still in line with the Constitution.
Does that mean it is constitutional, or not?
In short, it¡¯s constitutional. But the presiding judge empathized with the plaintiffs, saying that although it¡¯s technically and legally constitutional, what same-sex couples who want to get married are facing is not right, and that parliament should take steps to rectify the situation. Hence the ¡°unconstitutional state¡± reference.
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