A second high court rules that Japan’s ban on same-sex marriage is unconstitutional

TOKYO – One second Japanese The Supreme Court ruled Wednesday that the government’s policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding the plaintiffs. demands for marriage equality.

The Tokyo High Court called the continued ban “an unfounded legal discrimination based on sexual orientation,” saying it violates the constitutional guarantee of the right to equality, as well as the dignity of individuals and equality between the sexes. It was a clearer statement than the lower court’s 2022 ruling, which described the situation as “an unconstitutional state.”

The Sapporo High Court ruling in March said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. Wednesday’s ruling is the seventh overall finding that the continued ban is unconstitutional or nearly unconstitutional, compared to only one district court ruling that found it constitutional. The rulings can still be appealed to the Supreme Court.

Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday’s ruling had not yet been finalized and that his government would continue to monitor other pending lawsuits.

Still, the winning streak has raised hopes among the players LGBTQ+ community.

Plaintiffs cheered outside the courthouse Wednesday as their supporters held up banners with messages such as “Continuing progress toward marriage equality!” and “No more waiting for legal revision!”

Their main obstacle, the ruling coalition of Japan’s Conservative Liberal Democratic Party, lost a parliamentary majority in Sunday’s elections and is probably have to make a compromise to the more liberal policies of the opposition parties, such as marriage equality, which are largely supported by the general public.

Japan is the only member of the Group of Seven industrialized countries which does not recognize same-sex marriage and does not provide any other form of legally binding protection for LGBTQ+ couples.

Since 2019, six marriage equality lawsuits have been filed in five regions in Japan. LGBTQ+ activists and their supporters have stepped up their efforts, and in 2023 the government passed a law that is not legally binding. states that discrimination is unacceptable.

Hundreds of municipalities have issued partnership certificates as a solution for same-sex couples to lower their barriers to renting apartments and cope with other forms of discrimination, but this does not provide the same legal benefit as heterosexual couples, Wednesday’s ruling said.

However, the court rejected a request by the seven plaintiffs that the government pay them each 1 million yen (about $6,500) in compensation for the harm they have suffered under the current system that does not recognize them as legally married.