Japanese Court Rules Same-Sex Marriage Ban Is 'Unconstitutional'

A Japanese court has ruled that the country's ban on same-sex marriage is 'unconstitutional', marking a landmark decision which could herald a new era for marriage equality.

Japan is the only G7 nation which does not fully recognise same-sex partnerships, while its constitution defines marriage as being based on “the mutual consent of both sexes”.

The Sapporo district court's decision on the constitutionality of same-sex marriage is being seen as a significant victory that could lead to a change in the law. Currently, some parts of Japan issue "partnership certificates" that grant some of the rights which benefit heterosexual couples to same-sex pairings.

The case began in 2019, when three couples in Hokkaido prefecture filed a lawsuit claiming 1 million yen in damages each for the psychological harm caused by the government not permitting same-sex marriage.

“I’m really happy. Until the ruling was announced, we didn’t know this was what we’d get and I’m just overjoyed,” said Gon Matsunaka, the director of activist group Marriage for All Japan and a representative at Pride House Tokyo, adding that the ruling’s value was “absolutely immeasurable”.

The court sided with the plaintiffs’ contention that in not permitting same-sex couples to “enjoy even a part of the legal effects that arise from marriage”, the current arrangements violate article 14 of the 1947 constitution, which stipulates equality of all people under the law.

The court affirmed that sexuality, like race and gender, is not a matter of individual preference, therefore prohibiting same-sex couples from receiving benefits cannot be justified.

Japanese Opposition MP Kanako Otsuji, one of the few openly gay politicians in Japan, tweeted that she was “truly, truly happy” about the verdict.

“With this ruling, I urge the Diet, as the legislative branch of the government, to deliberate a proposed amendment to the civil code to make same-sex marriage possible,” she said.

Same-sex couples in Japan are unable to inherit their partner’s assets and have no parental rights to any children their partners may have. Japan’s refusal to issue spouse visas to partners of same-sex couples legally married overseas also remains a major problem, forcing them to live separately temporarily.

Kanae Doi, Japan director for non-profit Human Rights Watch (HRW), said a Supreme Court ruling is needed to officially legalise same-sex marriage, which could take several years. Alternatively, Japan's legislature, the Diet, could pass a law - but there is almost no political will among the ruling party to do so.

A poll undertaken the Yomiuri newspaper in November 2020 found 61% of people were mostly in favour of same-sex marriage, with 37% against.

Marriage for All Japan -
Representatives: Makiko Terahara and Akiyoshi Miwa

Historic ruling that "not recognizing same-sex marriage is unconstitutional" pic.twitter.com/um8z4K8bHw

— Marriage For All Japan – 結婚の自由をすべての人に マリフォー (@marriage4all_) March 17, 2021

The news from Japan comes after this week's Vatican controversy, which saw the Catholic Church continue to rebuff the blessing of same-sex marriages.

On March 15, a statement was issued by the Vatican's Congregation for the Doctrine of the Faith in response to a question about the Church's powers "to give the blessing to unions of persons of the same sex".

"[S]ince blessings on persons are in relationship with the sacraments, the blessing of homosexual unions cannot be considered licit," the statement, approved by Pope Francis reads.

"This is because they would constitute a certain imitation or analogue of the nuptial blessing invoked on the man and woman united in the sacrament of Matrimony, while in fact 'there are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family.'"

The decision seems to constitute a further rebuff to the campaign being run by the former Irish President, Mary McAleese – who wants full recognition of LGBTQ rights from the Vatican.

"False claims that LGBTQ people and their relationships are ‘objectively disordered’ invite harm to LGBTQ people who continue to live in fear of harassment, discrimination, and violence," says Sarah Kate Ellis, President & CEO of GLAAD.

"It's well past time for an examination of conscience at the Vatican to recognise the harm that statements like these cause, especially to the many faithful LGBTQ Catholics and allies who deserve love and acceptance from their faith leaders."