The Osaka High Court has declared Japan’s prohibition of same-sex marriage as unconstitutional, marking a significant step in the ongoing legal battle for marriage equality in the country. This ruling labels Japan’s continued lack of legal recognition for same-sex unions as a violation of the constitutional rights to equality. The decision from the Osaka court is now the fifth such determination, following similar verdicts from the high courts in Sapporo, Tokyo, Fukuoka, and Nagoya.
Judge Kumiko Honda, the presiding judge, acknowledged the Osaka District Court’s previous ruling by denying financial damages but found that the Japanese Civil Code and Family Register Act infringe upon Article 14 of the Constitution of Japan. This key article asserts that there shall be no discrimination under the law based on race, creed, sex, social status, or family origin. Furthermore, the Osaka High Court found that Article 24, which prescribes the equality of sexes and the necessity for dignity in marriage and family law, is also compromised by the absence of recognition for same-sex partnerships.
The case initially began in 2019 when three same-sex couples pursued legal action against the government, seeking one million yen each in damages. They represented a broader movement consisting of 14 couples who initiated lawsuits in multiple regions. The cases aimed to challenge the legal framework, which, based on the constitution established in 1947, defined marriage exclusively as a heterosexual institution. The Osaka District Court had previously upheld this view, but the High Court’s new ruling revises that interpretation (JURIST).
The legal status of LGBTQ rights in Japan remains under scrutiny, as Japan continues to be the sole member of the G7 that does not legally recognize same-sex marriage. Human Rights Watch and other international entities urge Japan to create regulatory frameworks to encompass same-sex marriage and broaden protections against discrimination for sexual and gender minorities. Ahead of the G7 summit held earlier this year, activists called on Japanese authorities to legalize same-sex marriage.
While some local municipalities issue what are known as “partnership certificates,” these do not confer comprehensive legal rights, such as inheritance or spousal support (Amnesty International). Thus, despite gradual strides towards equality, Japan’s legal framework still poses a significant barrier for sexual minorities seeking full marital rights.