In a significant ruling on Thursday, a Japanese court declared that the absence of legal protections for LGBTQ+ individuals appeared to be in violation of the constitution, marking a potential step forward for the recognition of same-sex marriage in the country.
Notably, Japan stands as the sole member of the Group of Seven nations without legal safeguards for LGBTQ+ individuals. While support for the legalization of same-sex marriage has been growing among the Japanese public, the governing Liberal Democratic Party, known for its conservative values and hesitance in promoting gender equality and sexual diversity, has been a major obstacle in granting marriage rights and other forms of recognition for LGBTQ+ equality.
The recent ruling, delivered by the Fukuoka District Court in southern Japan, concluded the final of five court cases filed by 14 same-sex couples in 2019 who accused the government of violating their right to equality. Of the five courts involved, four have either declared Japan’s current policy as unconstitutional or nearly so, while one court upheld the ban on same-sex marriage as constitutional.
Judge Hiroyuki Ueda, presiding over the Fukuoka case, ruled that the existing situation, which excludes same-sex couples from legally forming families, is in an unconstitutional state. While the judge’s assessment falls short of outright constitutional violation, it emphasizes the proximity to such infringement.
The court’s ruling, coinciding with Gay Pride Month, highlighted that the legalization of same-sex marriage is an international trend, and the United Nations’ human rights committee has consistently called on Japan to address discrimination against same-sex couples. The ruling also acknowledged the growing public acceptance of same-sex marriage.
However, the judge rejected the plaintiffs’ demands for compensation of 1 million yen ($7,155) each, raised by three same-sex couples who have faced discriminatory treatment due to their unrecognized marital status.
Supporters of LGBTQ+ rights gathered outside the court, celebrating the ruling with rainbow flags and signs advocating for the recognition of same-sex marriage and a prompt enactment of legislation.
One of the plaintiffs expressed that he does not anticipate an immediate response from the government but affirmed his determination to continue advocating for equality.
Rights activists argue that Japan’s conservative government has consistently obstructed the progress of equal rights despite substantial support from the general population. Although support for LGBTQ+ rights has been gradually increasing in Japan, recent surveys indicate that a majority of Japanese citizens now endorse the legalization of same-sex marriage and the implementation of further protective measures. Notably, support from the business community has also seen a significant rise.
Prime Minister Fumio Kishida has expressed concerns that allowing same-sex marriage would bring about societal and cultural changes that require careful consideration. While he has not explicitly stated his stance on the matter, opposition from some members within his party towards legislation preventing discrimination against LGBTQ+ individuals has complicated the issue.
Efforts by LGBTQ+ activists and their allies to establish comprehensive anti-discrimination laws have intensified following a controversial remark made by a former aide to Prime Minister Kishida in February, expressing reluctance to live near LGBTQ+ individuals and suggesting a potential exodus of citizens if same-sex marriage were legalized.
In response to the ensuing backlash, the Liberal Democratic Party submitted a bill to parliament aimed at promoting awareness of LGBTQ+ rights. The bill acknowledges the unacceptability of “unjust” discrimination but falls short of explicitly banning discrimination, likely due to opposition from certain lawmakers concerning transgender rights. Discussions on the bill are expected to commence in parliament on Friday.
The rulings in the five cases, spanning across Fukuoka, Sapporo, Tokyo, Nagoya, and Osaka, can be appealed to the Supreme Court.
The initial ruling in 2021, delivered by a court in Sapporo, deemed the government’s rejection of same-sex marriage as unconstitutional. In 2022, a Tokyo court echoed this sentiment, stating that
it was in an unconstitutional state, with the government lacking a justifiable rationale for the absence of legal protections for same-sex couples. More recently, in late May, a Nagoya court declared that the exclusion of same-sex couples from legal marriage violates fundamental constitutional rights and the principle of marriage equality.
However, the Osaka District Court, in its 2022 ruling, upheld the validity of the same-sex marriage ban, asserting that marriage under Article 24 of the constitution, which guarantees the right to marry, is limited to unions between individuals of different sexes.
This ongoing legal battle reflects a broader societal shift in Japan, where attitudes towards LGBTQ+ rights are evolving. While progress has been relatively slow, recent surveys indicate a growing majority of Japanese citizens supporting the legalization of same-sex marriage and advocating for additional protections for LGBTQ+ individuals. Notably, support from the business community has also seen a rapid increase, indicating a changing landscape of acceptance and inclusivity.
Prime Minister Fumio Kishida has expressed reservations about the potential consequences of legalizing same-sex marriage, emphasizing the need for careful consideration of its impact on Japanese society and values. His stance remains somewhat ambiguous, as certain members of his party hold objections to legislation that aims to prevent discrimination against LGBTQ+ individuals.
The recent ruling by the Fukuoka District Court highlights the urgent need for the Japanese government to address the lack of legal protections for LGBTQ+ people. It underscores the global trend towards recognizing and affirming the rights of same-sex couples, as emphasized by the United Nations’ human rights committee’s repeated calls for Japan to combat discrimination against same-sex couples.
As supporters outside the court celebrated the ruling, waving rainbow flags and calling for swift action, the spotlight now shifts to the Supreme Court, where appeals in the five cases can be made. The outcome of these appeals will have significant implications for the future of LGBTQ+ rights and the potential legalization of same-sex marriage in Japan.
The ruling serves as a reminder that while progress has been made, significant challenges remain in achieving full equality and protection for LGBTQ+ individuals in Japan. The determination of activists and allies to continue advocating for change, coupled with the growing support from the public and business community, suggests that the fight for LGBTQ+ rights in Japan is far from over.