A second Japanese high court has declared the government's policy against same-sex marriage as unconstitutional, marking a significant victory for marriage equality advocates. The Tokyo High Court's ruling on Wednesday deemed the ban on same-sex marriage as 'groundless legal discrimination based on sexual orientation,' stating that it violates the constitutional guarantee of the right to equality and individuals' dignity.
This decision follows a series of similar rulings, with the Sapporo High Court also recently ruling that denying same-sex couples the right to marry and enjoy the same benefits as heterosexual couples is a violation of their fundamental rights to equality and freedom of marriage.
Wednesday's ruling is the seventh overall to find the ongoing ban on same-sex marriage unconstitutional, highlighting a growing trend in favor of marriage equality in Japan. While the rulings can still be appealed to the Supreme Court, the momentum towards legalizing same-sex marriage appears to be gaining traction.
The presiding judge emphasized that the purpose of marriage extends beyond procreation to include providing stable legal status for partners, and that there is no rational basis for excluding same-sex couples from marriage. The ruling also noted a shared international consensus against discriminating based on sexual orientation.
The LGBTQ+ community and their supporters have welcomed the ruling, expressing hope for further progress towards marriage equality in Japan. Plaintiffs celebrated outside the court, urging the government to take immediate steps to open the door for marriage equality.
Despite the positive developments, the court rejected the plaintiffs' request for compensation for damages suffered under the current system that does not recognize same-sex couples as legally married. The government's response to the ruling remains pending, with Chief Cabinet Secretary indicating that they will continue to monitor other court cases.
Japan's conservative ruling coalition's recent electoral setback may pave the way for more liberal policies, including marriage equality, as public support for such measures grows. Japan currently stands as the only G7 country that does not recognize same-sex marriage or provide legal protections for LGBTQ+ couples.
Efforts towards marriage equality in Japan have gained momentum in recent years, with several lawsuits filed across the country since 2019. While progress has been made through partnership certificates issued by municipalities, which help alleviate some forms of discrimination, the legal benefits are not equivalent to those enjoyed by heterosexual couples.
The ruling represents a significant step forward for marriage equality in Japan, signaling a potential shift towards more inclusive policies and legal protections for LGBTQ+ individuals.
