Japan High Court Upholds Constitutionality of Same-Sex Marriage Ban
In a significant ruling, the Tokyo High Court has declared Japan’s ban on same-sex marriage constitutional. This decision marks a notable divergence from other recent high court outcomes on similar cases.
Details of the Ruling
The ruling was delivered on Friday, where the court stated that the current civil law provisions prohibiting same-sex marriage are reasonable under existing circumstances. This decision contrasts sharply with five other high court rulings from Sapporo, Tokyo, Nagoya, Osaka, and Fukuoka. Those courts found that the lack of legal recognition for same-sex marriages violated the Constitution.
Key Facts
- Date of Ruling: Recent ruling on Friday.
- Presiding Judge: Ayumi Higashi.
- Plaintiffs: Eight individuals aged 40 to 60.
- Compensation Sought: 1 million yen (approximately $6,400) each.
- Current Status: Supreme Court anticipated to issue a unified decision next year.
In this latest lawsuit, the plaintiffs argued that the ban on same-sex marriage violates their right to equality and the constitutional guarantee of marriage freedom. They had previously appealed a Tokyo District Court ruling from March 2024, which deemed the situation “unconstitutional” but denied their compensation requests.
Government’s Position
The Japanese government continues to uphold that the provisions against same-sex marriage are constitutional. They argue that the current Constitution defines marriage strictly as a union between a man and a woman.
Context of Same-Sex Marriage in Japan
Notably, among twelve high and lower court rulings so far, only the Osaka District Court has stated that the lack of legal recognition for same-sex marriage is constitutionally acceptable. Article 24 of the Japanese Constitution affirms that marriage is based on the mutual consent of both sexes.
As it stands, Japan is the sole member of the Group of Seven (G7) that has not legalized same-sex marriage or civil unions. This situation persists despite increasing advocacy from the LGBTQ+ community and their supporters.
