Japan’s high court ruled on Thursday that same-sex marriage was unconstitutional and called on the government to take urgent action to address the lack of laws allowing such marriages. Plaintiffs and the Japanese LGBTQ+ community welcomed the decision as a landmark decision that gave them hope of moving towards equality.
The courts have no power to overturn existing marriage laws, which have been interpreted to restrict marriage between men and women. Government agencies may continue to deny marriage to same-sex couples unless existing laws are changed to include LGBTQ+ couples, or new laws permitting other types of unions are enacted.
The Sapporo High Court ruling said not allowing same-sex couples to marry and enjoy the same benefits as heterosexual couples violated their fundamental rights to equality and freedom of marriage. The case was brought by three same-sex couples who appealed three years after a lower court recognized that excluding same-sex couples from marriage equality was unconstitutional but rejected a claim for compensation for their suffering.
A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo District Court ruling is only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it does not change or overturn the current civil union law, which the government says defines marriage as between a man and a woman.
Five previous court rulings in various cities said Japan’s policy of rejecting same-sex marriage was either unconstitutional or borderline unconstitutional. However, unlike Friday’s ruling in Sapporo, no local court has explicitly held that the Japanese government’s current policy of rejecting same-sex couples is unconstitutional.
Sapporo High Court Judge Saito Kiyofumi said the freedom of marriage stipulated in the constitution is about the partnership between two people, and the right to marriage should equally protect opposite-sex and same-sex couples. The judge said same-sex couples had experienced significant disadvantage, distress or loss of identity as a result of their exclusion.
“Banning same-sex couples from marrying is a form of irrational discrimination,” the ruling said. But it said allowing same-sex marriage would not disadvantage or harm anyone.
Plaintiff Eri Nakaya said the traditional definition of marriage has repeatedly made her feel like same-sex couples don’t exist.
“The ruling made it clear that same-sex couples have the same rights as everyone else and should live in this country, and reminded me that it’s okay to just be who I am,” she said.
Japan is the only G7 country that still excludes same-sex couples from the right to legally marry and receive spousal benefits.
Public support for marriage equality has grown in Japan in recent years, but the ruling Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and diversity, remains opposed to the movement.
Japan’s Chief Cabinet Secretary Yoshitsune Hayashi told reporters that the government planned to pay close attention to public opinion and parliamentary debates, as well as pending court cases, because “the introduction of same-sex marriage closely affects people’s family values.”
In the Tokyo ruling, the court said everyone’s rights to marry, start a family and enjoy the benefits of marriage, such as tax breaks and social security benefits, are guaranteed and that the lack of legal rights for same-sex couples deprives them of their rights. right. their basic rights.
The Tokyo ruling also recognized that everyone has the right to live according to their sexual orientation and gender identity, that traditional family values and marriage are changing, and that same-sex marriage equality is increasingly accepted internationally and in the corporate world. The court said the government’s lack of efforts to implement legal marriage equality was not unconstitutional, but said it wanted Parliament to enact a same-sex marriage law.
Marriage equality is now recognized in dozens of countries, not only in Western countries such as Greece and the United States, but also in Asia, with Nepal allowing same-sex marriages to be registered from 2023. litigation.
Eight plaintiffs in Tokyo said they were frustrated by Japan’s slow pace of change. Lawyer Makiko Terahara said they planned to appeal Thursday’s decision to the High Court.
Although Japan’s conservative government has been criticized for hindering diversity, recent surveys show that a majority of Japanese support the legalization of same-sex marriage. Support from the business community quickly grew.
Tokyo enacted an LGBTQ+ awareness promotion law in June that critics say has been watered down. Separately, the Supreme Court ruled that Japan’s law requiring compulsory sterilization for transgender people to officially change their gender is unconstitutional.
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