Japan’s Nagoya High Court recently issued a ruling that the country’s lack of legal recognition for same-sex marriage is unconstitutional. This is the fourth decision by a Japanese high court to challenge the current government policy, following similar outcomes in Tokyo, Fukuoka, and Sapporo. This string of decisions represents a notable critique of existing legal provisions that currently do not recognize same-sex marriages in Japan.
The litigation arose as a result of the plaintiffs’ argument that provisions of Japan’s Civil Code and Family Registration Act infringe upon the Japanese Constitution, specifically Article 14, Paragraph 1, and Article 24, Paragraph 2. The litigants sought damages, emphasizing the government’s failure to legislate in advancing marriage equality.
In its decision, the court acknowledged the historical prevalence of same-sex relationships, suggesting that societal acknowledgment of these personal relationships aligns with personal dignity—a crucial legal interest that exceeds specific marital or familial frameworks. Notably, Japan remains the only G7 nation without legal recognition of same-sex marriage, a policy gap highlighted by continuous advocacy from the LGBTQ+ community and allies (Human Rights Watch).
The court’s ruling also underscored the societal disadvantages faced by same-sex couples that cannot be fully addressed by civil partnership arrangements. These issues include inequitable access to housing, financial and mortgage services, and difficulties in utilizing services designed for families. Despite deeming certain legal provisions unconstitutional, the court noted that the government’s inaction does not meet the criteria for illegality under the State Redress Act.
This legal action was part of a larger “Freedom of Marriage for All” initiative, encompassing over 30 plaintiffs and approximately 80 lawyers, and constituting Japan’s first class action lawsuit aiming for same-sex marriage legalization. This sustained litigation embodies a significant shift in the legal discourse around marriage rights in Japan, further pressing for legislative amendments to accommodate marriage equality.
For further details on this ruling, you can access the full article on JURIST’s website.