In landmark ruling, Japan High Court terms ban on same-sex marriage 'unconstitutional'

TOKYO: In a landmark ruling, the Japanese High Court said that the country's lack of legal recognition of same-sex marriage is "unconstitutional," the Japan Times reported.

The move is likely to further mount pressure on the Japanese government to do more to protect sexual minorities.

The Sapporo High Court upheld the lower court's landmark verdict in 2021 that said non-recognition of same-sex marriage violates the right to equality protected under the Constitution but rejected a total of 6 million yen (USD 40,600) in damages sought by three same-sex couples in Hokkaido against the state for emotional distress.

The ruling, the first by a high court among six lawsuits filed at five district courts questioning the government's failure to allow same-sex marriage, said the unacceptance not only violates Article 14 on the right to equality but also Article 24, which says marriage shall be only on the mutual consent of "both sexes."

In a first, the court also stated that Article 24 can be understood as guaranteeing marriage between individuals of the same sexes, Japan Times reported.

However, the Japanese government in the lawsuit has argued that the Constitution presuming marriage is "only between heterosexual couples."

In rejecting the plaintiffs' claims for damages, the court said, "It cannot be said that discussions at the Diet...regarding provisions not allowing same-sex marriage are clearly in violation of the Constitution."

Notably, Japan remains the only Group of Seven (G7) major industrialized country that has not legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.

At the district court level, courts have given different opinions regarding same-sex marriage, with the Tokyo District Court becoming the latest to give a ruling on the issue earlier Thursday.

The Tokyo court said the lack of legal recognition of same-sex marriage in the country is in a state of 'unconstitutionality', reaching the same conclusion as Tokyo and Fukuoka district courts in 2022 and 2023, respectively, the Japan Times reported.

Sapporo and Nagoya district courts have ruled that disallowing same-sex marriage was 'unconstitutional' in 2021 and 2023, respectively, while the Osaka District Court in 2022, said it was 'constitutional'. But, every court has dismissed compensation claims.

The eight plaintiffs, consisting of company employees and public servants in their 40s and 50s living in Tokyo, said legislative inaction on the matter has violated their rights and caused them emotional distress. They had sought 1 million yen each from the central government.

LGBT people are not granted benefits enjoyed by heterosexual couples, such as medical visitation rights and the ability to make medical decisions for their partners, co-parenting rights and spousal income tax deductions.

Against that backdrop, an increasing number of municipalities have issued partnership certificates to make it easier for same-sex partners to enjoy some of the same public service benefits as heterosexual couples, although they are not legally binding, as reported by Japan Times.