Tears of Triumph: Japanese Court Declares Marriage Equality Ban Unconstitutional Amid Broader Struggle for LGBTQ+ Rights

In a groundbreaking decision that reverberated across Japan and beyond, the Fukuoka High Court ruled that the nation’s ban on same-sex marriage is unconstitutional. This makes it the third of Japan’s eight high courts to deliver such a judgment, marking a significant step in the country’s slow march toward marriage equality. Despite this progress, the court upheld a lower court’s decision dismissing financial claims from three same-sex couples who argued that their constitutional rights had been violated.

A Landmark Ruling and the Human Toll

The plaintiffs, three same-sex couples from the southwestern cities of Fukuoka and Kumamoto, had sought 1 million yen ($6,540) each in damages for the denial of their rights to equality, dignity, and the pursuit of happiness. In 2023, the Fukuoka District Court dismissed these claims, asserting that while the lack of marriage equality placed the government in a “state of unconstitutionality,” it did not necessitate compensation.

High Court Judge Takeshi Okada overturned this interpretation by declaring the civil laws forbidding same-sex marriage to be in direct violation of the Japanese Constitution. “There is no longer any reason to not legally recognize marriage between same-sex couples,” Okada stated, while emphasizing that legislative action is necessary for changes to the marriage laws.

One of the plaintiffs, a 35-year-old man identified in media reports as Kosuke, was overcome with emotion as the verdict was read. His partner, Masahiro, aged 37, expressed relief and hope, stating, “[The judge] understood our suffering, and I felt very reassured.”

The Constitutional Debate: Contrasting Interpretations

Opponents of marriage equality often cite Article 24 of the Japanese Constitution, which stipulates that marriage is based on “the mutual consent of both sexes” and underscores equality between husband and wife. However, advocates argue that other constitutional provisions—such as the guarantee of fundamental human rights and equality under the law—mandate non-discrimination on the basis of sex or other factors, including sexual orientation.

This tension has led to divided interpretations across Japan’s judicial system. While the Fukuoka, Tokyo, and Sapporo high courts have ruled the same-sex marriage ban unconstitutional, others have upheld it. Despite these judicial victories for LGBTQ+ rights, Japan’s courts lack the authority to unilaterally change existing civil codes. Legislative action by the National Diet remains the ultimate determinant of whether same-sex marriage will become a legal reality.

Public Opinion vs. Political Resistance

The rulings reflect a growing chasm between Japan’s conservative political establishment and an increasingly progressive populace. Polls indicate that 70% of Japanese citizens now support marriage equality. Yet, the ruling Liberal Democratic Party (LDP), led by Prime Minister Fumio Kishida, has been a staunch opponent of such measures.

In the 2024 elections, the LDP lost its parliamentary majority, potentially opening the door to more progressive policies pushed by opposition parties. However, deep-rooted conservatism within the party and the broader political establishment remains a formidable barrier.

LGBTQ+ Rights in Japan: The Current Landscape

Japan is the only member of the G7—an economic and political forum of the world’s most advanced democracies—that has yet to legalize same-sex marriage. This stands in stark contrast to countries like Taiwan, Thailand, and Nepal, which have taken steps to recognize marriage or union rights for LGBTQ+ individuals.

Domestically, over 200 municipalities in Japan offer “partnership certificates” to same-sex couples. While these certificates allow couples to access limited benefits, such as hospital visitation rights and shared rental agreements, they lack the legal weight of marriage and provide no national recognition or federal benefits.

The absence of comprehensive anti-discrimination protections compounds the challenges faced by Japan’s LGBTQ+ community. Inequities persist in employment, housing, healthcare, and education, leaving many individuals vulnerable to systemic discrimination.

The Fight for Legislative Reform

Advocacy groups have long called for a national law guaranteeing equal rights for LGBTQ+ individuals, including the legalization of same-sex marriage. In the run-up to the 2021 Tokyo Olympics, international pressure mounted on Japan to address its human rights shortcomings. However, efforts to pass an equality act were thwarted by conservative lawmakers, exposing the deep political resistance to change.

The lack of legal protections for LGBTQ+ individuals also carries economic implications. Major corporations and international organizations have increasingly prioritized diversity and inclusion, making Japan’s restrictive policies a potential liability in attracting global talent and investment.

A Glimmer of Hope Amid Challenges

Despite political resistance, the series of high court rulings marks a significant cultural shift. These decisions not only affirm the unconstitutionality of the marriage ban but also add momentum to the broader movement for equality. As societal attitudes evolve and public support grows, the pressure on lawmakers to enact meaningful change will only intensify.

For the plaintiffs in the Fukuoka case and countless other LGBTQ+ individuals in Japan, the road ahead remains uncertain. But victories like these offer hope for a future where love, in all its forms, is recognized and celebrated under the law.

Looking Ahead: The Role of Global and Domestic Advocacy

As Japan grapples with its stance on LGBTQ+ rights, international attention remains focused on the nation’s progress—or lack thereof. Advocacy groups continue to leverage global forums, such as the G7, to spotlight Japan’s lagging policies. Domestically, grassroots organizations are working tirelessly to educate and mobilize the public, ensuring that the push for equality extends beyond courtrooms into the halls of government.

Conclusion

The Fukuoka High Court’s ruling is a beacon of hope in the struggle for marriage equality in Japan. While significant obstacles remain, the decision underscores the growing recognition of LGBTQ+ rights as fundamental human rights. As the nation stands at a crossroads, the question is no longer if marriage equality will be achieved, but when. For Kosuke, Masahiro, and countless others, that day cannot come soon enough.