Japanese court says same-sex marriage ban is unconstitutional

The Sapporo High Court in the northern province of Hokkaido on Thursday ruled that Japan’s refusal to recognize same-sex marriage goes against the country’s constitution. The court said current laws violate citizens’ rights to equality and freedom of marriage. Japan is the only Group of Seven world power that defines marriage as exclusively between one man and one woman. The high court does not have the authority to change marriage laws, but it said in its ruling that it expects parliament to act on the issue, according to the BBC.

Who brought the case? Three same-sex couples appealed their case against the government to the high court after a district court in 2021 called the failure to recognize homosexual unions unconstitutional, while at the same time dismissing the couples’ claims for compensation.

Have any similar rulings been made?  Tokyo District Court on Thursday also ruled that the country’s legal framework violates the constitution. In 2023, the Nagoya District Court made a similar ruling. Also, in 2023, the Fukuoka District Court upheld the country’s ban on same-sex marriage but argued that Japan’s legal system should be modified to further legitimize same-sex couples. Meanwhile, the Osaka District Court in 2022 rejected the arguments of three same-sex couples and upheld the government’s protection of traditional marriage. A public opinion poll released in 2023 showed that about two-thirds of respondents supported same-sex marriage, according to Reuters.

Dig deeper: Listen to John Stonestreet and Nick Eicher discuss international laws about same-sex marriage on The World and Everything in It podcast.