The Fukuoka High Court ruled Japan’s current policy against same-sex marriage as discriminatory and unconstitutional on Friday. This marks the third time the High Court in the country has declared the ban on same-sex marriage unconstitutional, and this ruling specifically calls on the government to undertake necessary legal reforms.

In this case, three couples living in Fukuoka and Kumamoto, whose same-sex marriage registrations were rejected, sought compensation from the government. The six appellants claimed that the Civil Code of Japan and the Family Registration Act, which ban same-sex marriage, violates the Japanese constitution. This appeal followed the Fukuoka District Court’s ruling that the government was not required to take immediate legislative action, despite being in a “state of unconstitutionality.”

Presiding Judge Okada Takeshi highlighted the importance of legal recognition for same-sex couples, in light of the constitutional principles of individual dignity and gender equality. The court referenced Article 13 of the Constitution for the first time, stating that the absence of a legal framework for same-sex marriage denies individuals in same-sex relationships a means to pursue happiness.

He emphasised that sexual orientation is determined before birth or early in life and is not a choice that can be changed by will or psychiatric methods. Thus, the desire to pursue happiness through the establishment of a family is the same for both heterosexual and same-sex couples.

The government argued on definition of marriage under Article 24 of the Constitution, citing the terms “both sexes” and “husband and wife.” In response, the court clarified that the legislative intention of Article 24 was not to prohibit same-sex marriage but to eliminate the historical subordination of wives in the family system. “There is no longer any reason to not legally recognize marriage between same-sex couples” Judge Okeshi concluded.

After the ruling, four plaintiffs hailed the decision outside the court. They held a sign , questioning why Japan’s parliament has not yet legalized same-sex marriage.

This ruling aligns with two prior High Court decision in Sapporo and Tokyo , which deemed the government’s stance on same-sex marriage unconstitutional.