Japan’s Tokyo High Court ruled that the country’s ban on same-sex marriage is unconstitutional during a hearing on Wednesday.
The Tokyo court ruled that the section of the Constitution that says that laws pertaining to marriage and family “shall be enacted from the standpoint of individual dignity and the essential equality of the sexes”. The ruling also stated that current law provisions, “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,”, as reported on by Kyodo News.
As mentioned by Newsweek, the court also highlighted how Japan’s marriage laws disrespect the “individual dignity” and the principle of equality highlighted in Articles 14 and 24 of the Japanese constitution.
“This decision marks a critical step towards marriage equality in Japan and offers renewed hope to same-sex couples across the country,” Boram Jang, Amnesty International’s East Asia Researcher, said in a statement. “This case is also a reminder of the lengthy and fragmented legal battles couples must endure to exercise rights to equality that should already be protected. It is an injustice that weighs heavily on their lives.”
“The Japanese government must take action to legalize same-sex marriage across the country. It is time to introduce national legislation that brings marriage equality to everyone in Japan, rather than relying on inconsistent and inadequate responses at the local government level. All couples, no matter their gender or sexual orientation, deserve the same legal rights, protections, and the dignity that comes with recognition under the law.”
The decision drew celebrations from plaintiffs, supporters, and allies who were present outside the courthouse, who cheered “Further advance toward marriage equality!” and “No more waiting for legal revision!”.
In an interview with Kyodo News, one of the plaintiffs, Chizuka Oe, said, “The presiding judge’s words flowed into my head and I realized that the judge took our arguments to heart. I am happy to be here today.”
The Sapporo High Court hearing back in March, said that barring same-sex couples from marrying and enjoying the same benefits as straight couples infringes upon their fundamental rights, as mentioned by the South China Post. Tokyo’s court hearing is the second high court hearing and seventh overall, and it saw the ban as unconstitutional or nearly so, with the streak raising hopes for Japan’s LGBTQ community.
However, the court rejected a request by the plaintiffs for ¥1 million ($6,700) each in compensation for damages done under the current system.
According to Chief Cabinet Secretary Yoshimasa Hayashi, the Tokyo ruling isn’t finalized and that the Japanese government will continue to watch over future court cases, because “an introduction of same-sex marriage closely affects family values of the people.”
A JNN Poll conducted in 2023 showed that 63% of Japanese citizens are in favor of legalizing same-sex marriage. Support amongst younger generations is even higher, with 75% and 91% of men and women aged 18 – 30 respectively in favor.
As mentioned by Amnesty International, LGBTQ couples in Japan can only rely on the limited recognition provided to them by local governments, such as a partnership certification scheme. These certifications offer some forms of recognition, but they don’t account for essential rights like inheritance, spousal visas, or parental recognition.
Japan is currently the only member of the Group of 7 (G7) industrialized countries that doesn’t recognize same-sex marriage, nor provide any legal protection for LGBTQ couples.
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