The Tokyo High Court declared Japan’s current policy against same-sex marriage as discriminatory and unconstitutional, in a ruling on Wednesday.

The case involved a Tokyo couple registered as same-sex partners who sought compensation from the government, arguing that laws failing to recognize same-sex marriage violated the Japanese constitution.

Presiding Judge Taniguchi Sonoe emphasized that establishing a legal relationship as spouses for same-sex individuals is fundamental for a fulfilling personal life and deserving of equal respect as heterosexual unions. The court addressed the interpretation of “freedom of marriage” under Article 24 of the constitution, especially the language referencing “both sexes” and “husband and wife.”

The court clarified that these terms do not exclude legal protection for same-sex couples, highlighting the importance of legal recognition for all individuals. By examining provisions in the Civil Code and related laws, the court concluded that denying same-sex marriage rights breached constitutional principles of equality under the law and essential gender equality.

This ruling aligns with a prior landmark decision in 2021, which deemed the government’s stance on same-sex marriage unconstitutional. The Sapporo High Court in March 2024 affirmed the district court decision, being the first High Court in the country to declare the ban explicitly unconstitutional.

Advocacy groups in Japan like the “Freedom of Marriage for All” are now calling on the National Diet, the Japanese parliament, to enact legislation ensuring same-sex marriage rights without delay.

Amnesty International’s East Asia researcher, Boram Jang, praised the Tokyo High Court’s decision, emphasizing the significance of this step towards marriage equality and the need for comprehensive national legislation to uphold equal rights for all couples in Japan.