An appeals court in Japan has upheld a lower court ruling that says it is unconstitutional that same-sex marriage is not legally recognized in the country. The court has rejected the plaintiffs' claims for compensation.

The lawsuit before the Sapporo High Court on Thursday was brought by three same-sex couples in Hokkaido. They are suing the government for compensation.

The plaintiffs claim that Japan's civil law, which does not recognize same-sex marriage, violates the Constitution. They say the Constitution stipulates freedom of marriage as well as equality under the law.

In 2021, the district court in Sapporo determined that denial of same-sex marriage is discriminatory and violates the Constitutional guarantee of equality under the law. However, the court rejected the plaintiffs' claims for compensation. They appealed.

During the proceedings at the Sapporo High Court, the plaintiffs argued it is clear that there is doubt about the rationale for the provisions in the civil law.

The government argued that Article 24 of the Constitution stipulates that "marriage shall be based on the mutual consent of parties of both sexes," and therefore does not encompass same-sex marriage.

Similar lawsuits have been filed in four other districts by same-sex couples. This is the first time that an appeals court has ruled it is unconstitutional for Japanese law to not recognize same-sex marriage.

A total of seven rulings have been issued in lawsuits brought by same-sex couples at five jurisdictions in different parts of Japan over the past several years.

Three of the rulings, including the one at the Sapporo High Court on Thursday, have stated that it is unconstitutional that same-sex marriage is not legally recognized in Japan.

Three other rulings have said that the lack of legal recognition of same-sex marriage in the country is in a "state of unconstitutionality."

Only one ruling has said it is constitutional.