Japan’s Same-Sex Marriage Case Awaits Supreme Court Ruling
Japan’s stance on same-sex marriage faces scrutiny as legal battles reach the Supreme Court. Recent rulings highlight the ongoing struggle for equal marriage rights among LGBTQ+ couples in the country.
Tokyo High Court’s Ruling on Same-Sex Marriage
On Friday, a critical decision came from the Tokyo High Court, affirming that Japan’s refusal to legalize same-sex marriage is constitutional. This ruling ends the sixth of six cases currently under judicial review and sets the stage for a Supreme Court verdict anticipated next year.
Key Facts from the Ruling
- The court ruled that marriage, as defined under Japanese law, primarily exists between men and women.
- Judge Ayumi Higashi stated that the legal definition of family is rational, validating the exclusion of same-sex marriage.
- The court also rejected claims for damages of 1 million yen (approximately $6,400) from plaintiffs arguing for equal marital rights.
Reactions from Plaintiffs and Supporters
Members of the LGBTQ+ community expressed disappointment in the ruling. Hiromi Hatogai, one of the plaintiffs, voiced feelings of outrage, questioning whether the judges listened to their pleas for equality. Rie Fukuda, another plaintiff, emphasized the desire for the same happiness that marriage brings to all couples.
Despite this setback, plaintiffs remain determined. “I believe society is changing. We won’t give up,” said Fukuda, reflecting the resilient spirit of those advocating for marriage equality.
Background on LGBTQ+ Rights in Japan
Japan is notably the only nation in the G7 that does not recognize same-sex marriage or afford any legal protections to LGBTQ+ couples. While public backing for legalizing same-sex marriage and business community support has grown in recent years, political resistance remains strong.
The ruling Liberal Democratic Party, led by Prime Minister Sanae Takaichi, staunchly opposes same-sex marriage, arguing that civil law does not extend to same-sex couples and prioritizing natural reproduction. Since 2019, over 30 individuals have joined lawsuits in pursuit of marriage equality, contending that existing civil law prohibitions violate constitutional rights to equality and freedom of marriage.
Next Steps in the Legal Battle
With all high court cases concluded, the Supreme Court now holds the authority to decide on the various appeals. Legal experts and advocates hope that the final ruling will pave the way for significant changes in Japan’s approach to same-sex marriage, as the country stands at a pivotal moment in the fight for LGBTQ+ rights.
