A district court in Japan has said the country's lack of recognition of same-sex marriages is "in a state of unconstitutionality."

The ruling by the Fukuoka District Court on Thursday came after three same-sex couples filed a lawsuit in 2019. They say being unable to marry disregards the principles of freedom and equality guaranteed by the Constitution.

The government says the provision on marriage does not cover same-sex marriage.

But, the court's ruling says same-sex couples are not given the benefits of legal marriages, therefore the denial of same-sex marriage is "in a state of unconstitutionality." However, the decision rejected damages sought by the plaintiffs over the policy.

One plaintiff said the ruling could provide momentum for new legislation. The person said, "The judiciary urged the government that it should advance discussions. We hope the government will move forward without delay."

Japanese courts have now handed down five rulings on lawsuits filed by same-sex couples across the country.

Fukuoka is the second jurisdiction to describe Japan's lack recognition of same-sex marriage as being in "a state of unconstitutionality." It stopped short of deeming it unconstitutional, however.