Japan’s refusal to recognize same-sex marriages was deemed unconstitutional by a high court on Friday, marking another significant victory for the LGBTQ+ community and intensifying pressure on the government to take action.
The Fukuoka High Court’s decision represents the eighth win out of nine rulings since lawsuits were first filed in 2019. Here’s a breakdown of what the ruling means and what lies ahead.
The Court’s Decision
In Friday’s ruling, Judge Takeshi Okada determined that barring same-sex couples from marrying violates their fundamental right to pursue happiness, as guaranteed under Article 13 of Japan’s Constitution. The court also found that the ban infringes on constitutional provisions ensuring equality, individual dignity, and gender equality.
The judge stated there is no justification for continuing to deny legal recognition of same-sex marriage.
While the government maintains that civil law defines marriage as a union between a man and a woman, emphasizing natural reproduction, Chief Cabinet Secretary Yoshimasa Hayashi said the government will monitor ongoing lawsuits and public sentiment.
Why This Ruling Matters
This is the third consecutive high court ruling to declare the ban unconstitutional, following similar decisions in Sapporo and Tokyo earlier this year. Out of nine total rulings, eight have opposed the ban, leaving only one district court in favor of it.
Although these decisions can still be appealed to the Supreme Court, LGBTQ+ advocates believe the repeated victories signal the need for immediate government action.
The ruling also comes amid political changes. Japan’s conservative Liberal Democratic Party (LDP), which has traditionally resisted marriage equality, lost its majority in October elections. Opposition parties, which tend to support same-sex marriage, may now push the LDP to adopt more progressive policies.
Prime Minister Shigeru Ishiba, known for his centrist views, has shown some support for same-sex marriage. He recently acknowledged the struggles faced by same-sex couples, raising hope within the LGBTQ+ community, though it remains uncertain how far he can go given resistance within his party.
Why Are Plaintiffs Suing?
Since 2019, more than 30 plaintiffs across five regions in Japan have filed lawsuits seeking marriage equality. They argue that the ban on same-sex marriage violates constitutional rights to equality and freedom of marriage.
Friday’s case was brought by three same-sex couples from Fukuoka and Kumamoto.
Under current civil and family laws, marriage-related privileges—such as inheritance rights, tax benefits, and social recognition—are exclusive to heterosexual couples. Plaintiffs are seeking equal rights and the ability to be legally recognized as families.
What’s Next?
Two more high court rulings, in Osaka and Nagoya, are expected in March. Lawyers representing the plaintiffs are optimistic, given the recent string of favorable decisions.
Takako Uesugi, a lawyer representing Tokyo plaintiffs, emphasized their determination to fight until same-sex marriage is legalized. She called on the government to act swiftly.
LGBTQ+ Rights in Japan
While support for same-sex marriage has grown among the public and business sectors, discrimination remains widespread in schools, workplaces, and other areas of society.
Japan remains the only G7 country that does not recognize same-sex marriage or provide legally binding protections for LGBTQ+ couples.
Though hundreds of local governments have introduced partnership certificates for same-sex couples, these systems lack legal force. Activists argue that true equality requires full legal recognition of same-sex marriage.
The government’s stance has been largely shaped by the LDP, known for its conservative values and resistance to gender equality and sexual diversity. Last year, it enacted a non-binding LGBTQ+ awareness law, criticized for being insufficient.
Despite these challenges, the growing momentum from court rulings and public support may signal a turning point in the fight for LGBTQ+ rights in Japan.