In a groundbreaking ruling, the Japanese High Court has declared the country’s absence of legal recognition for same-sex marriage as “unconstitutional,” as reported by a Japanese local media outlet. This landmark decision is anticipated to intensify pressure on the Japanese government to take greater measures to safeguard the rights of sexual minorities.
The Sapporo High Court upheld a significant verdict previously issued by a lower court in 2021, affirming that the non-recognition of same-sex marriage contravenes the right to equality enshrined in the Constitution. However, the court rejected the compensation claims totalling 6 million yen sought by three same-sex couples in Hokkaido, citing emotional distress.
The ruling, the first of its kind by a high court among six lawsuits filed across five district courts challenging the government’s stance on same-sex marriage, emphasized that the refusal to recognize such unions not only violates Article 14, guaranteeing equality but also Article 24, which stipulates that marriage should be based on the mutual consent of “both sexes.”
Notably, the court also asserted that Article 24 can be interpreted as ensuring marriage between individuals of the same sexes, in a landmark departure from previous legal interpretations. However, the Japanese government, in its defence, argued that the Constitution presupposes marriage to be exclusively between heterosexual couples.
Despite mounting pressure from the LGBT community and its allies, Japan remains the sole Group of the G7 industrialized nations yet to legalize same-sex marriage or civil unions. While various district courts have rendered differing opinions on the matter, recent rulings from courts in Tokyo, Fukuoka, Sapporo, and Nagoya have deemed the lack of recognition for same-sex marriage as unconstitutional, aligning with the Tokyo court’s conclusion that it is in a state of unconstitutionality.
The plight of LGBT individuals in Japan extends beyond legal recognition, as they are deprived of benefits enjoyed by heterosexual couples, such as medical visitation rights, co-parenting rights, and spousal income tax deductions. In response to these disparities, an increasing number of municipalities have issued partnership certificates to afford same-sex partners certain public service benefits, albeit non-legally binding.
