World

Japan's Same-Sex Marriage Ban Ruled Unconstitutional in Landmark Court Decision

Japan's Same-Sex Marriage Ban Ruled Unconstitutional in Landmark Court Decision
same-sex marriage
LGBTQ+ rights
Japan equality
Key Points
  • Fourth consecutive high court ruling deeming same-sex marriage ban unconstitutional
  • Plaintiffs have prevailed in nine out of ten cases since 2019
  • Over 30 plaintiffs across five regions demand marriage equality
  • Supreme Court expected to review consolidated appeals after Osaka ruling
  • Government cites natural reproduction while courts emphasize constitutional equality

The Nagoya High Court delivered a historic verdict on Friday, ruling that Japan’s refusal to legally recognize same-sex marriages violates constitutional guarantees of equality and human dignity. This decision marks the fourth consecutive high court ruling against the ban, following similar judgments in Tokyo, Fukuoka, and Sapporo. Legal experts suggest these consistent rulings create unprecedented momentum for LGBTQ+ rights in a nation where traditional family structures remain deeply entrenched.

Since 2019, more than 30 plaintiffs have filed lawsuits across five Japanese regions challenging Civil Code provisions that restrict marriage to heterosexual couples. Courts have overwhelmingly sided with equality advocates, with plaintiffs securing victories in nine of ten major cases. The Nagoya ruling specifically criticized the government’s position as discriminatory and irrational, stating that sexual orientation cannot justify unequal treatment under Japan’s postwar constitution.

Unique Insight: Major corporations like Panasonic and Mitsubishi now offer partnership benefits matching marital rights, creating economic pressure for legal reform. Regional Case Study: Tokyo’s 2022 recognition of same-sex partnership certificates has increased visibility, though activists emphasize these lack national legal standing. Social Shift: Recent polls show 70% public support for marriage equality, particularly among under-40 demographics.

The government continues defending the status quo, with Chief Cabinet Secretary Yoshimasa Hayashi emphasizing biological reproduction concerns. However, legal scholars note this stance conflicts with Japan’s shrinking population and increasing recognition of diverse family models. As the Osaka ruling concludes this regional court series, all eyes turn to the Supreme Court’s impending review – a decision that could redefine constitutional interpretation for 21st-century Japan.