In a landmark decision, the Fukuoka High Court ruled that Japan’s ban on same-sex marriage is unconstitutional. This ruling follows similar judgments earlier this year in Sapporo and Tokyo, marking the third instance where a high court has determined that the ban violates Article 13 of the Japanese Constitution, which protects the right to pursue happiness.
The case was brought forward by three same-sex couples from Fukuoka and Kumamoto, who initially filed for compensation of 1 million yen (approximately NZD 11,000) per person in 2023. They argued that the ban infringed on their constitutional rights to equality and freedom of marriage. While their compensation claims were ultimately denied, their appeal led to the groundbreaking declaration by Judge Takeshi Okada, who stated, “There is no longer any reason to legally recognise marriage between same-sex couples.”
Despite not receiving compensation, the plaintiffs expressed profound relief and joy at the decision. Kosuke, a 35-year-old plaintiff, shared that he “couldn’t stop crying” as the verdict was announced, feeling that the ruling “changes society’s atmosphere towards same-sex marriage.” His partner, 37-year-old Masahiro, said the judgment validated their struggles and gave them a sense of reassurance.
Growing Momentum for Marriage Equality
Currently, Japan’s legal framework around civil and family registration heavily excludes same-sex couples, denying them key rights such as inheritance, matrimony, and child adoption. The ban persists despite widespread public support for marriage equality, with surveys indicating that a majority of Japanese citizens are in favour of allowing same-sex unions.
This year’s Tokyo Pride Parade, one of Southeast Asia’s largest LGBTQI+ events, underscored growing acceptance and support for the LGBTQI+ community in Japan. However, meaningful change rests in the hands of Japan’s legislative government, which has yet to take steps toward enshrining marriage equality into law.
As more courts declare the same-sex marriage ban unconstitutional, pressure mounts on lawmakers to align Japan’s legal system with the changing societal attitudes and constitutional principles.
