In a landmark decision on Friday, a Japanese high court determined that the country’s failure to legally recognize same-sex marriage is unconstitutional, delivering yet another win for advocates of marriage equality. The Nagoya High Court’s ruling, situated in central Japan, represents the ninth favorable verdict out of the ten lawsuits initiated since 2019 by the first group of plaintiffs.
This latest judgment continues a trend of high courts finding the current policy to be unconstitutional, following similar decisions from courts in Tokyo, Fukuoka, and Sapporo. As anticipation builds for a fifth judgment later this month in Osaka, it is expected that the Supreme Court will review all five cases to render a final decision.
The Nagoya court emphasized that denying same-sex couples the legal right to marry undermines constitutional assurances of equality. Additionally, it affirmed the right to individual dignity and the fundamental equality of all sexes. The current civil law, which restricts marriage to a union between a man and a woman, was deemed discriminatory and without reasonable basis, the ruling articulated.
Despite the court’s decision, the government has maintained that civil law confines marriage to heterosexual couples, prioritizing natural procreation. Chief Cabinet Secretary Yoshimasa Hayashi stated following the ruling that the government would keep a close watch on ongoing lawsuits and public sentiment.
Plaintiffs and their legal representatives assert that the courts’ overwhelming 9-1 record in opposing the current law indicates a pressing need for governmental action. Since 2019, more than 30 individuals have participated in legal challenges across five regions of Japan to champion marriage equality. They argue that excluding same-sex couples from marriage contravenes constitutional rights to equality and the freedom to marry.
