Japanese Court Rules Same-Sex Marriage Ban Is Constitutional, But Activists See A Positive Side

A Tokyo court on Wednesday ruled that the same-sex marriage ban is constitutional but said the lack of legal protection for same-sex families violates their human rights, which the plaintiffs hailed as a step towards uniting Japan with other G7 countries.

Japan is the only G7 country that does not allow same-sex marriage, and its constitution defines marriage as based on “mutual consent of both sexes”. Prime Minister Fumio Kishida’s ruling party has not yet announced plans to address the issue or propose legislation, although several senior members support same-sex marriage.

The Tokyo District Court’s ruling on Wednesday said that while the ban is constitutional, the lack of a legal system to protect same-sex families is a violation of 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 supports 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 said.

Tokyo’s decision, already influential due to the excessive influence of the capital on the rest of Japan, was eagerly awaited, because Solution 2021 in Sapporo City revived hopes when it ruled the same-sex marriage ban unconstitutional, while Osaka ruled otherwise in June.

Currently, Japan does not allow same-sex couples to marry or inherit each other’s property, such as a house they could share, and does not give them parental rights to each other’s children.

While partnership certificates from municipalities currently cover about 60% of Japan’s population, including Tokyo, they do not give same-sex couples the same rights enjoyed by heterosexual couples.

The eight plaintiffs involved in the case said the ban violated their human rights and sought 1 million yen ($7,200) in damages, but the court rejected the claim.

But the group, which unfurled a banner reading “Step Forward Marriage Equality” in front of the courthouse after the decision was announced, said they were encouraged.

“It was partly disappointing, but partly gave me hope,” said Katsu, a male plaintiff who only gave his first name.

The decision came a day after the US Senate passed a same-sex marriage protection bill and Singapore lifted its ban on same-sex sex but limited prospects for legalizing same-sex marriage.

Two more cases are pending in the courts of central and western Japan, and activists and lawyers are hopeful that the accumulation of rulings in support of same-sex marriage will eventually force lawmakers to change the Japanese system, though it’s unlikely to happen anytime soon.

The situation has limited the talent pool for international companies, a situation that has been pointed out by groups including the American Chamber of Commerce in Japan calling for change.

“Thinking about the future of their lives, they see nothing in Japan. So they are moving to friendlier jurisdictions like the United States,” said Masa Yanagisawa, head of essential services at Goldman Sachs and a member of the Marriage for All Japan activist group.

“We invested in a person to be in a leadership position, but then he moves… All these talents end up leaving the country because of the social system.”