Japan embraces equality as court declares ban on same-sex marriage unconstitutional

On Friday, December 13, 2024, a significant ruling was made by the Fukuoka High Court in Japan regarding the recognition of same-sex marriage. The court determined that the existing civil law, which prevents same-sex couples from marrying, violates their fundamental right to the pursuit of happiness as stipulated in Article 13 of the Japanese Constitution. This decision adds to the growing momentum for the LGBTQ+ community in the country, marking the eighth victory out of nine rulings in recent court cases concerning this issue since the first lawsuits were filed in 2019. The ruling was delivered by presiding Judge Takeshi Okada, who emphasized the importance of protecting the rights of individuals seeking recognition of their relationships. Following the ruling, Chief Cabinet Secretary Yoshimasa Hayashi stated that the government will continue to monitor both public opinion and ongoing lawsuits. The repeated court decisions calling the current ban unconstitutional highlight a shift in legal perspectives, increasing the pressure on the Japanese government to take action. Historically, Japan has been an outlier among industrialized nations, being the only member of the Group of Seven that does not legally recognize same-sex marriage or provide comprehensive protection for LGBTQ+ couples. In recent years, while some municipalities have taken steps to implement non-binding partnership certificates, activists argue that this does not equate to full legal recognition, leaving many couples without essential rights. Prime Minister Shigeru Ishiba has acknowledged the struggles faced by same-sex couples and has indicated a willingness to address these concerns, suggesting a potential for future policy changes or legal reforms. As additional rulings are awaited from high courts in Osaka and Nagoya, expectations within the LGBTQ+ community are high that further progress could soon follow. The Japanese legal landscape regarding same-sex marriage is rapidly evolving, and the momentum from recent court victories continues to shape the dialogue surrounding LGBTQ+ rights in the nation.