TOKYO — A landmark ruling from Japan’s Fukuoka High Court declared that the government’s refusal to acknowledge same-sex marriage is unconstitutional, underlining a significant advancement for the LGBTQ+ community that is placing increasing pressure on the government.
This recent judgment marks the eighth victory out of nine decisions made since the initial lawsuits were filed by a group of plaintiffs in 2019, highlighting a growing trend towards recognizing the rights of same-sex couples. In this latest ruling, Judge Takeshi Okada emphasized that current civil laws preventing same-sex couples from marrying violate their fundamental right to seek happiness as guaranteed by Article 13 of the Japanese Constitution.
Additionally, the court identified that the existing ban infringes upon constitutional assurances of equality, individual dignity, and the essential equality of both genders. Judge Okada expressed that there is no longer justification for not recognizing same-sex marriage legally. The government has maintained that civil law does not encompass same-sex unions, citing a focus on natural reproduction. Following the ruling, Chief Cabinet Secretary Yoshimasa Hayashi stated that the government would keep an eye on public sentiment and ongoing lawsuits.
The significance of this ruling cannot be overstated, as it represents the eighth instance where the courts have deemed the current ban either unconstitutional or nearly so, in stark contrast to just one decision from a district court supporting the ban. This is the third consecutive high court ruling that has explicitly labeled the legal prohibition as unconstitutional, following similar decisions earlier this year in Sapporo and Tokyo. While appeals to the Supreme Court are possible, many lawyers and plaintiffs argue that the overwhelming majority of favorable rulings should prompt the government to act swiftly.
This ruling emerges as the ruling Liberal Democratic Party (LDP) finds itself weakened after significant electoral losses in October, paving the way for potentially more compromises on progressive policies, including marriage equality, which enjoys substantial popular support. Prime Minister Shigeru Ishiba, viewed as a moderate who has shown some support for same-sex marriage, acknowledged the struggles faced by same-sex couples during a recent parliamentary session, raising hopes within the LGBTQ+ community and among their advocates. However, it remains uncertain how much action he can effect amid resistance from the party.
Plaintiffs involved in these legal battles—over 30 individuals participating in various marriage equality lawsuits across five regions since 2019—contend that the legal ban on same-sex marriage violates both their rights to equality and their freedom to marry. Among those plaintiffs are three same-sex couples from Fukuoka and Kumamoto, who have become part of the ongoing litigation. Under Japan’s current civil and family laws, recognition of marriage is exclusive to heterosexual couples, which means that same-sex couples are denied critical legal privileges and protections associated with marriage, including tax benefits and inheritance rights. These couples are striving for the same rights and societal recognition as families.
Looking ahead, two additional high court rulings are anticipated in March from Osaka and Nagoya. Lawyer Takako Uesugi, representing plaintiffs in Tokyo, expressed optimism following the three recent high court victories, reinforcing their commitment to fighting for legalized same-sex marriage. Uesugi emphasized the need for the government to act swiftly in legalizing marriage equality.
The state of the LGBTQ+ community in Japan reflects both challenges and advancements. While discrimination persists in various settings, support for same-sex marriage has surged among the general population and the business sector in recent years. Notably, Japan stands out as the only member of the Group of Seven industrialized nations that does not recognize same-sex marriage or provide any legally binding protections for LGBTQ+ partnerships. The LDP, known for its conservative stance on family values, has stifled progress on this issue, having only passed a non-binding LGBTQ+ awareness promotion law, which many critics considered insufficiently rigorous. Recently, hundreds of municipalities have implemented non-binding systems to recognize partnerships, such as issuing partnership certificates, seen as a step forward but ultimately deemed inadequate by advocates for LGBTQ+ rights.