A Japanese court upheld the ban on same-sex marriage. But activists have hope

Key points
  • The Tokyo District Court upheld the ban on same-sex marriage on Wednesday.
  • But the ruling says that the lack of legal protection for same-sex families violates their human rights.
  • Japan is the only G7 country that does not allow same-sex marriage, and its constitution defines marriage as based on the mutual consent of both sexes.
A Tokyo court upheld the ban on same-sex marriage on Wednesday, but said the lack of legal protection for same-sex families violated their human rights.
Japan is the only G7 country that does not allow same-sex marriage, and its constitution defines marriage as based on the mutual consent of both sexes.

While Prime Minister Fumio Kishida’s ruling party has yet to announce plans to address the issue or propose changes, several senior members support same-sex marriage.

In a ruling Wednesday, the Tokyo District Court said the ban was constitutional but added that the lack of a legal system to protect same-sex families violated their human rights.
“This is actually a pretty positive decision,” said Nobuhito Sawasaki, one of the lawyers involved in the case.

“While marriage remains between a man and a woman and the decision upheld that, it also says that the current situation with the lack of legal protection for same-sex families is not good and suggests that something be done about it,” he told Reuters. .

Japan does not allow same-sex couples to marry or inherit each other’s property, such as a shared home, and deprives them of parental rights to each other’s children, even making hospital visits difficult.
While partnership certificates from municipalities cover about 60 percent of Japan’s population, they do not give same-sex couples the same rights enjoyed by heterosexual couples.

Tokyo’s ruling promises to be influential, as the capital has a huge impact on the rest of Japan.

It was eagerly awaited after a 2021 ruling in the city of Sapporo raised hopes that the ban was unconstitutional, although another ruling in Osaka in June upheld the ban.
Eight plaintiffs in the case said the ban violated their human rights and sought damages of one million yen (A$10,700), although the court rejected the claim.
“It’s hard to accept,” said Gon Matsunaka, head of the Marriage for All Japan activist group.
He added that both heterosexual and same-sex couples should be able to enjoy the benefits of the marriage system equally, since everyone is equal before the law.
“It (the resolution) clearly states that this is impossible.”

However, recognizing that same-sex families are not legally protected was “a big step,” he said.

“Part of it gave me hope.”

The plaintiffs, who unfurled a banner reading “Step Forward Marriage Equality” in front of the courthouse after the ruling, said they were encouraged.
“Part of it disappointed me, but part of it gave me hope,” said one of them, Katsu, giving only his first name.
The decision comes a day after the US Senate passed a law protecting same-sex marriage and Singapore lifted its ban on same-sex sex but limited the prospect of legalizing same-sex marriage.
Two more cases are pending in Japan, and activists and lawyers are hoping that the accumulation of court rulings in support of same-sex marriage will eventually push lawmakers to change the system, even if it’s unlikely anytime soon.

“I hope there will be a debate on this in the legislature,” plaintiff Shizuka Oe said. “We will continue to make efforts.”