The Fukuoka High Court recently ruled that Japan’s ban on same-sex marriage is discriminatory and unconstitutional, marking a significant development in the ongoing dialogue about marriage equality in the country. This decision is the third instance where a high court in Japan has declared the nation’s prohibition on same-sex marriage to be unconstitutional, and it explicitly urges the government to implement necessary legal reforms.
The case involved three same-sex couples residing in Fukuoka and Kumamoto who had their marriage registrations denied and sought compensation from the government. The appellants argued that the Civil Code of Japan and the Family Registration Act violate the Japanese constitution. Previously, the Fukuoka District Court had determined that the government was not obligated to make immediate legislative changes, despite being found in a “state of unconstitutionality.”
Presiding Judge Okada Takeshi emphasized that acknowledging legal recognition for same-sex couples aligns with constitutional principles regarding individual dignity and gender equality, notably referencing Article 13 of the Constitution. He asserted that the lack of a legal framework for same-sex marriage prevents individuals from pursuing happiness, a right enshrined in the constitution.
The court’s interpretation challenged the government’s argument, which rested on the conventional definition of marriage under Article 24 of the Constitution, framed in terms explicitly referring to “both sexes” and “husband and wife.” The court clarified that the intent of Article 24 was to eradicate historical gender hierarchies within the family structure, rather than to exclude same-sex marriage. According to Judge Okeshi, there is no longer a valid reason to legally deny marriage to same-sex couples.
Following the ruling, the plaintiffs publicly celebrated the court’s decision and questioned the Japanese parliament’s delay in legalizing same-sex marriage. This judgment is consistent with two previous high court decisions in Sapporo and Tokyo, both of which also found the nation’s stance on same-sex marriage to be unconstitutional in alignment.