Japan court 'rescues' nation's LGBT community from 'hurt', says ban on same-sex marriage 'unconstitutional'

In a major win for the LGBTQIA+ community in Japan, a court has ruled that the nation's insistence on not allowing same-sex marriage was unconstitutional. The Tuesday ruling is seen by activists as a welcome step towards marriage equality in a nation where there exists no protection for same-sex unions.

Speaking to the press outside the court, the lead lawyer Yoko Mizutani said that the ruling has "rescued" them from the "hurt" of the last ruling on this issue.

"This ruling has rescued us from the hurt of last year's ruling that said there was nothing wrong with the ban, and the hurt of what the government keeps saying."

Past rulings on same-sex marriages in Japan

To date, Japan has had four rulings on the issue. The recent ruling by the Nagoya District Court is the second ruling to find a ban on same-sex marriages unconstitutional. Previously, in March 2021, a district court in Sapporo, the capital city of the northern Japanese island of Hokkaido in a similar ruling said that the ban was "unconstitutional".

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However, in June 2022, the Osaka district court ruled that the ban was not unconstitutional. The court added that "from the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition."

Subsequently, in December of last year, a Tokyo court reiterated that while the ban was not "unconstitutional," the country's failure to legally protect same-sex partners creates an "unconstitutional situation".

Marriages and Japan

Japan is the only remaining G7 nation where same-sex marriage is banned. The Japanese constitution defines marriage as something based on "the mutual consent of both sexes".

Same-sex marriage, the Japanese people, and the government

As per a Reuters report, opinion polls on the issue have found overwhelming support for the legality of same-sex marriages. Roughly 70 per cent of the public said they are all for the legality of same-sex unions.

However, the conservative ruling Liberal Democratic Party of Prime Minister Fumio Kishida opposes it.

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In March of this year, Kishida reiterated that a ban on same-sex marriage is not unconstitutional. "I believe I do not have a sense of discrimination (on the issue)," he said, adding, "I have never stated I’m against it."

"I don’t think disallowing same-sex couples to marry is unjust discrimination by the state," said the Japanese PM when questioned by an opposition lawmaker about whether in his opinion the ban on same-sex marriage constitutes discrimination.

In spite of the ban, more than 300 Japanese municipalities that account for some 65 per cent of the Japanese population allow same-sex couples to enter partnership agreements. However, these agreements are far from marriage. 

(With inputs from agencies)

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