TOKYO — On Wednesday, a second Japanese appellate court determined that the government’s stance against same-sex marriage is unconstitutional, marking another significant ruling in favor of marriage equality.
The Tokyo High Court described the current ban as “baseless legal discrimination founded on sexual orientation,” emphasizing that it contravenes the constitutional rights to equality, as well as the dignity and respect due to individuals regardless of their sex. This ruling was notably more assertive than a prior lower court decision in 2022, which had characterized the situation as indicating “an unconstitutional state.”
Earlier in March, the Sapporo High Court declared that the prohibition of marriage for same-sex couples and their exclusion from enjoying the same legal benefits as heterosexual couples infringes upon fundamental rights to equality and marriage freedom. With this latest ruling, there have been a total of seven court decisions deeming the ban unconstitutional or nearly so, opposed to one ruling by a district court which upheld the ban. The option for appeal to the Supreme Court remains available.
Chief Cabinet Secretary Yoshimasa Hayashi noted that the recent ruling is not yet final and the government will continue to monitor other ongoing legal cases surrounding this issue.
The series of favorable rulings has invigorated hope within the LGBTQ+ community. Outside the courtroom, plaintiffs celebrated as supporters waved signs proclaiming messages such as “Further advance toward marriage equality!” and “No more waiting for legal revision!”
Japan’s conservative ruling coalition, primarily led by the Liberal Democratic Party, recently lost its parliamentary majority in the elections held on Sunday. This change may compel the government to consider more progressive policies advocated by opposition parties, including marriage equality, which has garnered widespread support from the public.
Remarkably, Japan stands as the sole member of the Group of Seven industrialized nations that does not recognize same-sex marriage or provide any legally binding protection for LGBTQ+ couples.
Since 2019, six lawsuits advocating for marriage equality have emerged from five regions across Japan. Activists and their supporters intensified their campaigns leading to the adoption of a non-binding law in 2023, which acknowledged that discrimination is unacceptable.
In response to the lack of legal recognition, hundreds of municipalities have opted to issue partnership certificates. These certificates serve as a loophole to help same-sex couples navigate challenges such as apartment rentals and discrimination; however, they do not afford the same legal status or benefits that heterosexual couples enjoy, as highlighted by Wednesday’s ruling.
However, the court did not grant a request from the seven plaintiffs for the government to compensate them 1 million yen (approximately $6,500) each for the damages inflicted by the prevailing legal system that disregards their marital status.