In a landmark decision with national and international implications, a high court in Sapporo, Japan, ruled that the country’s ban on same-sex marriage is unconstitutional. However, this verdict marks a significant victory for LGBTQ+ rights advocates in Japan and represents a major step towards marriage equality in the nation.
On Thursday, a high court in Japan made a significant decision. It declared the country’s ban on same-sex marriage to be unconstitutional. This ruling comes after much debate within lower levels of the judiciary and highlights a clash with the conservative government amidst a changing public opinion.
Japan stands out as the only member of the Group of Seven industrialized nations that does not legally recognize same-sex unions. Advocacy groups argue that this exclusion is discriminatory and undermines Japan’s reputation as a global business hub.
Despite surveys indicating a 70% public approval rate for same-sex unions, the ruling Liberal Democratic Party, led by Prime Minister Fumio Kishida, remains opposed to such marriages.
In addition, the high court, situated in Sapporo, ruled that the existing civil code restricting marriage to opposite-sex couples is both unconstitutional and discriminatory. However, the court rejected the plaintiffs’ request for damages from the government.
Reactions And Celebrations
Reacting to the verdict, plaintiff Eri Nakaya expressed joy, describing it as a “long-awaited, delightful ruling.“
Moreover, there is a possibility of an appeal to the Supreme Court to further clarify the unconstitutional nature of the current law, as stated by lawyer Fumiyasu Tsunamori.
Yoshimasa Hayashi, the government’s top spokesperson, indicated that they would monitor upcoming court decisions closely.
Masakazu Yanagisawa, a senior executive at Goldman Sachs in Tokyo and a member of the rights group Marriage for All Japan. He warned of the risk of Japan falling behind global trends in attracting talent if the civil code remains unchanged.
The debate over the same-sex marriage ban has led to differing opinions among lower courts. While some have upheld the ban’s constitutionality, others have deemed it unconstitutional to various extents. Earlier on Thursday, a Tokyo district court described Japan’s lack of recognition for same-sex marriages as “a state of unconstitutionality,” drawing praise from U.S. Ambassador to Japan Rahm Emanuel.
Meanwhile, Emanuel noted the significance of the ruling, emphasizing the journey towards marriage equality in Japan.
