Japan’s Tokyo High Court ruled Wednesday that banning same-sex marriage is unconstitutional.
The ruling echoes a similar ruling handed down by the Sapporo High Court in March, and it is important to note that the decision to marry in Japan, the only country among the Group of Seven (G7) countries that does not yet legally recognize same-sex marriage, This is an important step in the movement for equality.
The court called the decision “groundless legal discrimination based on sexual orientation” and said the law violates the constitutional rights to equality, personal dignity and equality between men and women.
In its ruling, the court argued that the ban amounted to “discriminatory treatment” based on sexual orientation and that there was no legal basis to deny LGBTQ+ couples the right to marry.
The court emphasized that Japan’s marriage law does not respect the principles of “individual dignity” and equality enshrined in Articles 14 and 24 of the Japanese Constitution.
The plaintiffs are seeking damages for infringement of their rights. For now, they have been denied financial compensation, a common outcome in similar judgments.
Representatives of LGBTQ+ people and rights organizations in Japan pose for a photographer during a press conference in Tokyo, February 7, 2023. Last year, Japan’s parliament enacted the first law addressing sexual orientation and gender identity, emphasizing that: Rights groups pose for photographers at a press conference in Tokyo on February 7, 2023. Last year, Japan’s parliament enacted the first law addressing sexual orientation and gender identity, emphasizing promoting understanding of LGBTQ+ individuals and curbing “unjust discrimination.” Details AP Photo/Hoshiko Eugene, File
“An important step towards marriage equality in Japan”
The decision drew cheers from supporters and allies outside the courthouse.
They waved banners at the scene calling for marriage equality and further action: “Move forward for marriage equality!” “We can’t wait for the law to be amended!”
“This decision is an important step towards marriage equality in Japan and brings new hope to same-sex couples across the country,” said an East Asia researcher at Amnesty International who has been closely following the legal battle. Boram Jan said.
“This case is also a reminder of the long and fragmented legal battles couples already have to endure to exercise their right to equal protection. This is an injustice that weighs heavily on their lives. .”
He said the Japanese government must take action to legalize same-sex marriage across the country, rather than relying on inconsistent and inadequate responses at the local government level.
People participate in the annual Tokyo Rainbow Parade in Tokyo, May 6, 2018, to show support for members of the LGBTQ+ community. Japan’s young people are particularly supportive of same-sex marriage, with some polls showing… People participate in the annual Tokyo Rainbow Parade in Tokyo, May 6, 2018, to show support for members of the LGBTQ+ community. Japanese young people are especially supportive of same-sex marriage, with some polls showing that 80% of people in their 20s and 30s support same-sex marriage. Martin Secretariat/AFP More information via Getty Images
Opinion poll shows support for LGBTQ+ rights increases
Public opinion in Japan has been steadily shifting towards supporting same-sex marriage.
According to JNN’s 2023 poll, approximately 63 percent of Japanese citizens support marriage equality, with support even higher among younger generations at up to 80 percent.
Last year, Japan’s parliament passed a landmark law aimed at raising awareness and preventing discrimination based on sexual orientation and gender identity.
The law aims to “promote understanding” among the public while discouraging “unfair” treatment of LGBTQ+ individuals.
Nevertheless, legislative progress has stalled, largely due to the traditionalist stance of the ruling Liberal Democratic Party (LDP). Following the ruling, Chief Cabinet Secretary Yoshimasa Hayashi said the government would monitor additional cases because “the introduction of same-sex marriage will have a close impact on people’s family values.”
Ukrainian President Volodymyr Zelenskiy (centre back seat) joins G7 world leaders for a working session on the final day of the G7 Summit in Hiroshima, Japan, on May 21, 2023. Japan’s allies are increasingly demanding Japan… President Volodymyr Zelenskiy of Ukraine (Central Rear Guard) speaks during a working session on the final day of the G7 summit in Hiroshima, Japan, on May 21, 2023. will join G7 world leaders. Japan’s allies are increasingly calling for Japan to bring its marriage laws in line with other G7 countries. More Stefan Rousseau-WPA Pool/Getty Images
International pressure from the G7
In recent years, some municipalities have issued “partnership schemes”, where certificates give same-sex couples limited rights, such as securing joint tenancies and accessing certain medical benefits.
However, these certificates do not confer full legal status or fundamental rights such as inheritance, spousal visa, or parental recognition.
The lack of legal protections for LGBTQ+ individuals has come under increased international attention, especially ahead of Japan hosting the G7 summit earlier this year.
Amnesty International and Human Rights Watch have both called on Japan to align its policies with international human rights standards.
“Regardless of gender or sexual orientation, all couples are entitled to the same legal rights, protection and dignity that comes with recognition under the law,” Chan said.
This article includes reporting from The Associated Press
