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Japanese High Court Deems Denial of Same-Sex Marriage "Unconstitutional"

Kalyani Jha
14 Mar, 2024

In a historic ruling that reverberated through Japan's legal landscape, the High Court declared that denying same-sex marriage is "unconstitutional," marking a significant step towards equality and recognition for the LGBTQ+ community in the country. The ruling, issued by the Sapporo High Court, called for immediate action from the Prime Minister Fumio Kishida-led government to rectify the absence of legislation allowing for same-sex unions.

The LGBTQ+ community in Japan greeted the high court's decision with jubilation, viewing it as a pivotal moment that offers hope for progress towards true equality. Despite the inability of the Japanese High Court to directly overturn existing marriage laws that define marriage as between a man and a woman, the ruling sent a strong message about the need for change and inclusivity.

The Sapporo High Court's judgment emphasized that denying same-sex couples the right to marry and enjoy the same benefits as heterosexual couples infringes upon their fundamental rights to equality and freedom of marriage. The ruling highlighted that five previous court decisions across different cities had similarly criticized Japan's policy on same-sex marriage, but this ruling was the first to label the current marriage law as "unconstitutional."

Judge Kiyofumi Saito, presiding over the case, stressed that the constitutional freedom of marriage encompasses partnerships between two individuals, regardless of gender. The judge underscored that the exclusion of same-sex couples from marriage rights has subjected them to significant disadvantages, including suffering and loss of identity, thereby constituting unjustifiable discrimination.

The ruling unequivocally stated that allowing same-sex marriage poses no harm or disadvantage to anyone and emphasized the lack of rationality in denying such unions. Notably, Japan stands out as the only Group of Seven (G7) nation that still prohibits same-sex couples from legally marrying and accessing spousal benefits, despite increasing support for legalization among the public and business community.

While Japan has grappled with concerns about its declining population, the ruling reflects a growing tide of acceptance and progress towards embracing diversity and inclusivity within the country. The decision underscores the evolving societal attitudes towards LGBTQ+ rights and the pressing need for legislative reforms to uphold fundamental rights and equality for all citizens.