The Sapporo District Court found Wednesday that the government’s failure to recognize same-sex marriage is unconstitutional because it violates the right to equality.
As a member of the Group of Seven, an intergovernmental organization including Canada, France, Germany, Italy, the UK and the US, Japan was the only country that did not recognize same-sex marriage. Same-sex couples were not afforded the same rights as heterosexual couples. Some municipalities, such as Tokyo’s Shibuya ward, only began recognizing same-sex partnerships in 2015. In 2017, Osaka become the first city in the country to recognize same-sex couples as foster parents. However, Japan did not recognize same-sex marriage.
In February 2019, 13 same-sex couples filed lawsuits across four districts in Japan, alleging that the country’s denial of same-sex marriage violates the constitution. The couples sought 1 million yen in damages each for psychological damage allegedly caused by the government’s negligence in not amending the law. This was the first major challenge to same-sex marriage’s constitutionality. In July 2019, major opposition groups, including the Constitutional Democratic Party and the Japanese Communist Party, submitted a bill to recognize same-sex marriages.
On Wednesday, the court found that the government was violating Article 14 of the Constitution by discriminatorily failing to implement legal measures to offer any marital benefits to same-sex couples. The denial of same-sex marriage violated the right to equality. However, the court declined to award psychological damages.
This was a historic verdict in Japan, as it is considered to be a major symbolic victory for the LGBTQ community.