Tokyo High Court rules Japan’s ban on same-sex marriage unconstitutional amid shifting public sentiment

On Wednesday(30 Oct), Tokyo High Court ruled that Japan’s ban on same-sex marriage is unconstitutional, calling it “a groundless legal discrimination based on sexual orientation” and stating it violates the Japanese Constitution’s guarantees of equality and individual dignity.

This decision is the latest in a series of legal victories for Japan’s LGBTQ+ community, joining a March ruling by Sapporo High Court that also found the ban unconstitutional.

The Tokyo High Court’s ruling condemns Japan’s marriage laws as discriminatory, contravening the constitutional provisions under Articles 14 and 24, which guarantee equality and protect individual dignity. The court emphasised that the ban unfairly treats individuals based solely on their sexual orientation and fails to provide any legitimate legal rationale for denying LGBTQ+ couples the right to marry.

Outside the courthouse, crowds of supporters celebrated, waving banners with messages such as “Further advance toward marriage equality!” and “No more waiting for legal revision!” Public support for same-sex marriage has grown steadily in Japan, with a 2023 JNN poll indicating that 63 percent of Japanese citizens favour marriage equality, including as much as 80 percent support among younger demographics.

Wednesday’s decision builds on momentum following a law passed in 2023 by Japan’s Diet (parliament), which aims to increase awareness of LGBTQ+ issues and prevent discrimination based on sexual orientation and gender identity.

However, while the law promotes public understanding and discourages unfair treatment of LGBTQ+ individuals, it lacks legally binding enforcement measures, leaving many LGBTQ+ advocates calling for comprehensive reforms.

Japan’s ruling Liberal Democratic Party (LDP), known for its conservative policies, remains the most significant barrier to legislative progress. Chief Cabinet Secretary Yoshimasa Hayashi responded cautiously to Wednesday’s ruling, reiterating that the government will continue to monitor ongoing cases but stopped short of committing to legalising same-sex marriage.

“The introduction of same-sex marriage closely affects family values of the people,” Hayashi said, indicating that any major policy changes will likely require extensive legislative debate and possibly public consensus.

Japan’s limited “partnership certificates” provide a partial workaround for same-sex couples, granting some rights such as joint rental agreements and partial access to healthcare benefits. Yet, these certificates do not provide essential legal protections, including inheritance rights, spousal visas, or parental recognition, leaving many couples without the same security afforded to heterosexual couples.

The lack of comprehensive legal protections for LGBTQ+ individuals in Japan has drawn increasing international scrutiny, especially during Japan’s hosting of the G7 Summit earlier this year.

As the only G7 nation that does not legally recognise same-sex unions, Japan has faced calls from allies and international human rights organisations, including Amnesty International and Human Rights Watch, to align its policies with global human rights standards.

Jang, an activist with Human Rights Watch, emphasised the significance of these rights, stating, “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.”

Six lawsuits supporting marriage equality have been filed in five regions across Japan since 2019, with each successive ruling adding momentum to the call for reform.

Despite these judicial gains, plaintiffs in Wednesday’s case were denied compensation for damages incurred under the marriage ban, a standard outcome in similar cases.

The plaintiffs had requested one million yen (approximately US$6,700) each, citing the psychological and financial burdens caused by their inability to marry.

While compensation was not granted, plaintiffs and their supporters underscored the symbolic weight of the court’s finding that their constitutional rights have been violated.

Political analysts suggest that mounting judicial support, coupled with changing public sentiment and increasing pressure from international allies, may eventually compel Japan’s government to legislate marriage equality.

Until then, LGBTQ+ advocates and their allies remain hopeful, viewing this ruling as a step towards aligning Japanese law with the broader G7 stance on LGBTQ+ rights and fulfilling the constitutional promise of equality for all citizens.