Japan Osaka court holds same-sex marriage ban unconstitutional News
Niurka Barroso, CC BY-SA 4.0, via Wikimedia Commons
Japan Osaka court holds same-sex marriage ban unconstitutional

The Osaka High Court held that Japan’s lack of recognition of same-sex marriage is unconstitutional on Tuesday. The Osaka High Court is the fifth court to rule that the ban on same-sex marriage is unconstitutional after similar rulings in the high courts of Sapporo, Tokyo, Fukuoka and Nagoya.

While Presiding Judge Kumiko Honda upheld the Osaka District Court’s decision not to award damages, Honda ruled that Japan’s Civil Code and Family Register Act that do not allow same-sex marriage violates the right to equality as set out in Article 14 of the Constitution of Japan, which states: “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” The court also ruled that the marriage ban breaches Article 24, where laws involving marriage and family “shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.”

In 2019, three same-sex couples filed a lawsuit against the Japanese government, requesting 1 million yen (about $7,400) in damages per person from the state. They were among 14 couples who filed lawsuits in Sapporo, Tokyo, Nagoya, Fukuoka and Osaka. The plaintiffs had appealed to the High Court after the Osaka District Court in June of 2022 ruled that the lack of same-sex marriage recognition was constitutional under the 1947 constitution as marriage was for heterosexual unions only, making the same-sex marriage ban lawful.

Japan is the only International Group of Seven (G7) country that does not recognise same-sex marriage. Human Rights Watch put out a dispatch highlighting how the other G7 countries are encouraging Japan to enact laws to allow same-sex marriage, counter discrimination and uphold protections for sexual and gender minorities. Prior to the May summit in 2023, LGBTQ groups called for Japan’s government to legalise same-sex marriage and while support for the LGBTQ community grows and the Japanese Diet, Japan’s national legislature, passed the Act on Promotion of Public Understanding of Diversity of Sexual Orientation and Gender Identity, promoting understanding of the LGBTQ.

Amnesty International indicated in a report that protections for sexual and gender minorities are still absent. Currently, in Japan, same-sex couples have some recognition from local governments, such as “partnership certificates,” offering some rights, but these do not give rights such as inheritance, spousal visits or parental recognition.

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