JAPAN: MOMENTUM FOR MARRIAGE EQUALITY GROWS WITH TOKYO HIGH COURT RULING

The Tokyo High Court decision on 30 October marks another important development in Japan’s ongoing struggle for marriage equality. The court ruled that Japan’s ban on same-sex marriage was unconstitutional as it violates Article 14(1) and Article 24(2) of the Constitution. The legal battle for LGBTI equality has been fraught with key victories and setbacks over recent years

In response to today’s Tokyo High Court ruling recognizing the unconstitutionality of Japan’s ban on same-sex marriage, Amnesty International’s East Asia Researcher Boram Jang said:

“This decision marks a critical step towards marriage equality in Japan and offers renewed hope to same-sex couples across the country.

“This case is also a reminder of the lengthy and fragmented legal battles couples must endure to exercise rights to equality that should already be protected. It is an injustice that weighs heavily on their lives.

“The Japanese government must take action to legalize same-sex marriage across the country. It is time to introduce national legislation that brings marriage equality to everyone in Japan, rather than relying on inconsistent and inadequate responses at the local government level. All couples, no matter their gender or sexual orientation, deserve the same legal rights, protections, and the dignity that comes with recognition under the law.”

Background

The Tokyo High Court decision on 30 October marks another important development in Japan’s ongoing struggle for marriage equality. The court ruled that Japan’s ban on same-sex marriage was unconstitutional as it violates Article 14(1) and Article 24(2) of the Constitution. The legal battle for LGBTI equality has been fraught with key victories and setbacks over recent years.

In March 2021, the Sapporo District Court made a landmark decision, ruling that the government’s failure to recognize same-sex marriage was unconstitutional under Article 14 of the Constitution, which guarantees equality under the law. This initial victory gave hope to same-sex couples across the country.

In March 2024, the Sapporo High Court became the first high court to rule on the issue, upholding the district court’s finding that the ban on same-sex marriage was unconstitutional. This ruling reinforced the growing trend toward equality, increasing pressure on the Japanese government to address legal gaps. A Tokyo District Court decision, also handed down March 2024, mirrored that of the Sapporo High Court.

However, the path to marriage equality has been complicated. In June 2022, the Osaka District Court rejected claims by same-sex couples, ruling that the Constitution did not require the recognition of same-sex marriage, a setback for the rights of LGBTI persons. In May 2023, the Nagoya District Court restored momentum by recognizing that denying same-sex couples the right to marry constituted discrimination.

The Fukuoka District Court in June 2023 acknowledged flaws in the legal framework but maintained that legislative reform – not judicial rulings – was the appropriate way to address the issue. The Tokyo District Court reached a similar verdict in November 2022.

Presently, couples must rely on the limited recognition provided by local governments. For example, in November 2022, the Tokyo Metropolitan Government introduced a partnership certificate scheme. While these certificates offer some recognition, they do not provide essential rights such as inheritance, spousal visas, or parental recognition.