Japan's Fukuoka district court says ban on same-sex marriage ‘in a state of unconstitutionality’

Japan's Fukuoka District Court on Thursday ruled that the non-recognition of same-sex marriage was "in a state of unconstitutionality". The ruling stopped short of the expectations of marriage-equality activists, reports Reuters.

As per the lawyer for the plaintiffs, the specifics of the recent ruling are still being verified, but it is believed to be similar to the Tokyo court's decision, which when passed was seen as a step forward by activists.

Previously, in May, Japan's Nagoya District Court deemed the prohibition on same-sex marriage as unconstitutional. The May ruling provided hope for the LGBTQ community in Japan.

Public opinion on same-sex marriages

Public opinion polls indicate that approximately 70 per cent of the Japanese public supports same-sex marriage. However, Prime Minister Fumio Kishida's conservative ruling party opposes it. In February, Kishida dismissed an aide who made offensive remarks against same-sex marriage, generating widespread outrage.

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

While more than 300 municipalities in Japan allow same-sex couples to enter partnership agreements, these agreements offer limited rights. Couples are unable to inherit each other's assets, obtain parental rights to each other's children, or even guarantee hospital visitation rights.

PM Kishida non-committal to same-sex marriage

Despite pressure from other G7 nations, including the United States, Kishida has not taken a firm stance on the issue. 

Kishida's government had initially promised to pass a law promoting the "understanding" of LGBTQ individuals before the G7 leaders' summit.

Also read | Ahead of G7 summit, Japan's LGBTQIA+ community demand legalisation of same-sex marriage

However, opposition from conservative factions has caused significant delays, and a diluted version of the law is expected to be voted on next week.

Major business organisations have called for change, emphasising that without LGBTQ rights and diversity, Japan's position as the world's third-largest economy may be compromised.

Marriages and Japan

Japan remains the only country among the Group of Seven nations that lacks legal protection for same-sex unions. The Japanese constitution defines marriage as something based on "the mutual consent of both sexes".

Past rulings on same-sex marriages in Japan

So far, there have been five court rulings on same-sex marriage in Japan. The last ruling was made in May by the Nagoya District Court. It was the second ruling that found the 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".

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 protect same-sex partners legally creates an "unconstitutional situation".

(With inputs from agencies)

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