Two Japanese courts declared on Thursday the current ban on same-sex marriage is unconstitutional, while the government has yet to take steps to amend the law and recognize these unions. In what marks the sixth ruling on this issue in the territory, the Tokyo District Court today stated that the lack of legal recognition of same-sex marriage is in a “state of unconstitutionality.” The absence of legal recognition for these couples and the denial of legal benefits represents “a deprivation of a key part of their identity,” emphasized the presiding judge, Tomoyuki Tobisawa, in the ruling, as reported by the public broadcaster NHK.
What About the LGBT Community in Japan?
Tobisawa stated that the design of the system is a particular matter for parliament but expressed his desire for it to be legalized. The plaintiffs, eight Tokyo residents aged between 40 and 50, argued that legislative inaction on the issue violates their rights and has caused them emotional distress. In another ruling also issued on Thursday in Japan, the seventh ruling on the matter, the Sapporo High Court affirmed that the non-recognition of same-sex marriage is unconstitutional, supporting the pioneering decision already taken by a lower instance in 2021.
“I’m satisfied, but Japan is far behind other countries, and this is not the end. I want to do everything I can so that my friends living in Japan can marry here,” said one of the plaintiffs in Tokyo, Miyuki Fujii, who went to court with other affected individuals, carrying banners reading: ‘Equal marriage now!’
The group held a press conference afterward with their legal team, where they stated: “While society in general, and Japanese society in particular, are changing, the only thing that remains the same is Japan. To truly accept those involved and live together, the country needs to change its system.”
Between 2021 and today, six first-instance rulings have been issued on the matter. Five of them indicated that the lack of recognition of same-sex marriage is unconstitutional or violates rights enshrined in the Constitution, while another ruling stated that the current legal framework is constitutional. The seventh ruling, from the Sapporo High Court, is the first appeal on which a verdict has been issued. The legal battle over same-sex marriage is being fought based on two articles of Japan’s Constitution.
The plaintiffs base their complaints on Article 14, which stipulates equality before the law and non-discrimination in political, economic, or social relations on grounds of race, creed, sex, social status, or origin. The government maintains that the Constitution does not recognize marriage between persons of the same sex, and therefore its position remains constitutional, as Article 24 defines marriage as “based only on the mutual consent of both sexes,” understanding it to be only between a man and a woman.
This story was written in Spanish by Miguel Fernandez in Cultura Colectiva News.