Nationality Law is unconstitutional, the Tokyo District Court on Wednesday granted Japanese nationality to nine children fathered by Japanese to Filipinas.
The children were born out of wedlock, which meant they were not eligible for Japanese nationality under a Nationality Law provision requiring their parents to be married after the children were born.
The court ruled that the provision was a violation of Article 14 in the the Constitution, which guarantees equality before the law.
In the ruling, Presiding Judge Hiroyuki Kanno said that "different treatment based on whether the parents are married or not violates the Constitution, which guarantees equality before the law."
"Using only the superficial form of legal marriage is not a realistic way of uniformly deciding the closeness of the parent-child relationship or the strength of the ties between the child and Japan," the court ruled.Asahi: March 29,2006)