Third High Court In Japan Rules Same-Sex Marriage Ban As Unconstitutional

Following similar rulings in Sapporo and Tokyo earlier this year, the Fukuoka High Court has ruled that the continued ban against same-sex marriage in Japan is unconstitutional. 

The ruling came on Friday December 13th and, as reported by The Manichi, means that three of the eight high courts in Japan have ruled that the same-sex marriage ban violates Article 13 of the Japanese constitution, guarantees the right of individuals to pursue happiness.

The ruling came about after three same-sex couples from Fukuoka and Kumamoto asked for 1 million yen (roughly $10,000AUD) in compensation per person in 2023, arguing that forbidding same-sex marriage violates the rights to equality and freedom of marriage under the Constitution. 

Though the couples’ claims were initially dismissed, their appeal is what led to the Fukuoka High Court’s ruling that a same-sex marriage ban was unconstitutional. Judge Takeshi Okada commented: “There is no longer any reason to legally recognise marriage between same-sex couples.” However, the couples were not granted the compensation claims. 

Nonetheless, the plaintiffs in the case expressed satisfaction at the ruling of unconstitutionality; 35-year old plaintiff Kosuke said that he couldn’t stop crying as the judge spoke, and that the ruling “changes society’s atmosphere towards same-sex marriage.” His partner, 37-year-old Masahiro, also felt that the ruling “understood our suffering, and I felt very reassured.” 

Same-sex marriage in Japan increasingly popular

Due to a lack of marriage equality, same-sex couples in Japan are excluded from the country’s civil and family registration laws which revolve heavily around marriage. Privileges like inheritance rights, matrimony and the adoption of children are reserved exclusively for heterosexual couples, with same-sex couples explicitly excluded. 

Despite an overwhelming majority of its population supporting marriage equality, Japan is yet to allow same-sex couples to marry one another. Support and acceptance for the LGBTQI+ community in the country more broadly continues to grow, with this year’s Tokyo Pride being one of the biggest LGBTQI+ events ever in Southeast Asia. 

With even more support for marriage equality and rulings of unconstitutionality, it’s up to Japan’s legislative government to take action and bring marriage equality into law.