A second Japanese high court declared on Wednesday that the government’s policy against same-sex marriage is unconstitutional, marking another victory for advocates of marriage equality. The Tokyo High Court denounced the existing ban as “a groundless legal discrimination based on sexual orientation,” asserting that it violates the constitutional guarantee of equality and individuals’ dignity.
This ruling offered a more definitive stance compared to a 2022 lower court decision, which had deemed the ban “an unconstitutional state.” The Sapporo High Court also echoed this sentiment in March, asserting that denying same-sex couples the right to marry and access the same benefits as heterosexual couples infringes upon their fundamental rights to equality and freedom of marriage. Wednesday’s ruling is the seventh overall to find the ban unconstitutional or nearly so, with only one district court ruling upholding it. These rulings can still be challenged in the Supreme Court.
Presiding Judge Sonoe Taniguchi articulated that the purpose of marriage extends beyond procreation to ensuring stable legal status for partners. She emphasized that excluding same-sex couples lacks a rational basis and noted a global consensus against discrimination based on sexual orientation.
Chief Cabinet Secretary Yoshimasa Hayashi acknowledged that Wednesday’s ruling is not yet final and that the government will continue to monitor ongoing court cases.
Nonetheless, this series of favorable rulings has invigorated hopes within the LGBTQ+ community. Outside the court, plaintiffs celebrated while supporters held banners advocating for further advancement toward marriage equality and immediate legal reform.
Makiko Terahara, a lawyer representing the plaintiffs, hailed the ruling as historic and urged the government to promptly take steps to achieve marriage equality. Yoko Ogawa, a plaintiff in her 60s, expressed relief and gratitude, voicing her concerns over the lack of legal protections for her and her partner as they age. She called for swift progress toward legalization.
The conservative Liberal Democratic Party, Japan’s ruling coalition, recently lost a parliamentary majority, potentially necessitating compromises on more liberal policies such as marriage equality, which enjoys broad public support.
Japan remains the only member of the Group of Seven industrialized nations not to recognize same-sex marriage or provide legally binding protections for LGBTQ+ couples. Since 2019, six lawsuits for marriage equality have been filed across five regions in Japan. In 2023, amid increased activism, the government adopted a non-binding law stating that discrimination is unacceptable.
Hundreds of municipalities have issued partnership certificates to reduce barriers such as obtaining rental housing for same-sex couples, although these do not confer the same legal benefits as heterosexual marriage, according to Wednesday’s ruling.
However, the court denied a request from the seven plaintiffs for the government to award them 1 million yen (approx. $6,500) each in compensation for damages experienced under the current legal framework.
In a related development, the United Nations women’s rights committee in Geneva released a report on Tuesday urging Japan to amend its civil code to allow married couples the option of retaining separate surnames. The current law typically forces women to adopt their husband’s surname, an issue also stymied for decades by the LDP. The U.N. committee further recommended that Japan revise its male-only succession rule under the Imperial House Law to permit a female emperor.
In response, Hayashi criticized the report as “regrettable” and “inappropriate,” asserting that imperial succession is a foundational national matter and not part of constitutional basic rights.
