Japanese high court rules against traditional marriage stance

The Fukuoka High Court in southern Japan on Friday became the third high court to find that the country’s refusal to recognize same-sex marriage was unconstitutional. Judge Takeshi Okada said current civil law violates same-sex couples’ right under Japan’s constitution to pursue happiness and its constitutional guarantee of equality for both sexes. The ruling could still be appealed to the Japanese Supreme Court.

So far nine total courts have considered legal challenges to Japan’s ban on same-sex marriages since 2019, and eight have found the law unconstitutional. Japan is the only world power in the Group of Seven to define marriage as exclusively between one man and one woman.

Have there been any similar rulings recently? The Tokyo High Court in late October also ruled against Japan’s refusal to recognize same-sex unions. Dozens of plaintiffs have joined lawsuits to redefine marriage in five regions across the country. The high courts in Osaka and Nagoya are expected to deliver rulings in similar cases in the spring.

Dig deeper: Read my report in The Sift about a similar ruling earlier this year.