TOKYO – A Japanese court on Friday ruled that the country’s ban on same-sex marriage is constitutional, becoming the only high court to uphold the state’s position among six rulings on similar lawsuits filed nationwide.
The Tokyo High Court concluded the current civil law provisions that do not allow same-sex marriage are still reasonable under the current circumstances, in contrast with five earlier high court rulings in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka that said the lack of legal recognition of same sex marriage violated the Constitution. Those other rulings, however, all rejected compensation claims.
In handing down the latest ruling, Presiding Judge Ayumi Higashi said that the current marriage system is useful in preparing an environment for raising children, and that it is reasonable to interpret “husband and wife” as a man and a woman.
The ruling also said that the freedom of marriage guaranteed under Article 24 of the Constitution does not apply to same-sex couples, noting that “part of the effects of marriage can be substituted by contracts,” and that people can marry if they change their legal sex.
The court expressed concern, though, over stalled discussions in parliament, warning that if this situation continues, it could lead to violations of the constitutional guarantee of equality under the law. It also urged that being treated based on gender identity is an important legal interest.
As the plaintiffs plan to appeal, the Supreme Court is expected to issue a unified decision next year at the earliest.
In the latest lawsuit, eight plaintiffs in their 40s to 60s had sought 1 million yen ($6,400) in damages each, arguing civil law provisions that do not allow same-sex marriage violate the right to equality ensured under the Constitution and its guarantee of freedom of marriage.
The government denied that the provisions are unconstitutional, arguing that the Constitution defines marriage as between a man and a woman.
The plaintiffs had appealed a Tokyo District Court ruling in March 2024 that found the situation to be “in a state of unconstitutionality” but rejected their damages claims.
Among 12 high and lower court rulings so far, the Osaka District Court was the only other court that ruled that the lack of legal recognition is constitutional.
Shinya Yamagata, 58, one of the plaintiffs, said the ruling was “like a nightmare.”
The Justice Ministry said the state’s arguments have been accepted and that it will “continue to monitor the developments in the lawsuit.”
Article 24 of the Constitution, which guarantees the freedom of marriage, stipulates, “Marriage shall be based only on the mutual consent of both sexes.”
Japan remains the only Group of Seven country not to have legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.
AloJapan.com