A Japanese high court has ruled that Japan’s refusal to recognize same-sex marriage is unconstitutional, marking another victory for LGBTQ+ rights in the country.
The Nagoya High Court’s ruling on Friday is the ninth win out of ten lawsuits filed since 2019, with previous high courts in Tokyo, Fukuoka, and Sapporo issuing similar decisions. A fifth ruling is expected later this month in Osaka, after which the Supreme Court will likely handle all five appeals.
The court found that denying same-sex couples the right to marry violates constitutional guarantees of equality and individual dignity.
“The current civil law, which defines marriage as between a man and a woman, constitutes discrimination based on sexual orientation and lacks rationality,” the ruling stated.
This decision challenges Japan’s existing civil law, which only recognizes marriage between a man and a woman and has been used to deny same-sex couples legal rights.
The Japanese government has argued that marriage under civil law is meant for natural reproduction, a reasoning that courts are increasingly rejecting.
Chief Cabinet Secretary Yoshimasa Hayashi stated that the government would monitor ongoing lawsuits and public opinion before considering any policy changes.
However, plaintiffs and their lawyers argue that a 9-1 record in court should be enough to push the government to act.
“The government should quickly take action,” they said, emphasizing that more than 30 plaintiffs have joined these lawsuits since 2019.
With four high court rulings now declaring the ban unconstitutional, the Osaka ruling later this month and a potential Supreme Court decision could pressure Japan’s lawmakers to introduce marriage equality reforms.
Japan remains the only G7 country that does not recognize same-sex marriage. However, these court victories signal growing legal and public support for LGBTQ+ rights in the country.