In a historic precedent for Japan, the Sapporo High Court last Thursday affirmed that the nation’s current ban on same-sex marriage is unconstitutional. This milestone indeed represents the first instance of a High Court declaring the ban expressly unconstitutional following the Sapporo Lower Court’s similar verdict in 2021.
The High Court made its ruling based on Articles 14 and 24 of the Japanese Constitution. Article 14 covers the right to equality without discrimination, and Article 24 relates to marriage, which the court interpreted as including same-sex marriage since it’s based on mutual consent. The Court acknowledged that living in accordance with one’s gender identity and sexual orientation is an inherent part of personal freedom. Nevertheless, the Court declined to award damages for emotional distress to the plaintiffs, reflecting previous judiciary practices.
This ruling follows significant legislative advancements in Japan concerning LGBTQIA+ rights, such as the acknowledgment of same-sex partnerships by Tokyo’s metro government in 2022 and enhanced legal protection for LGBTQIA+ individuals introduced by the federal government in 2023.
The decision marks a pivotal moment in a protracted legal battle. In 2019, thirteen same-sex couples filed lawsuits in four districts across Japan, arguing that the denial of same-sex marriage violated the nation’s Constitution. While Sapporo District Court concurred with this view, Osaka District Court in 2022 ruled the ban constitutional. However, in 2023, both Nagoya and Fukuoka District Courts declared the ban unconstitutional, paving the way for the High Court’s landmark ruling.