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Plaintiffs and their supporters celebrate after a Japanese high court ruled that the country’s refusal to recognize same-sex marriage is unconstitutional, outside the Fukuoka High Court in Fukuoka, southern Japan, December 13, 2024. The banner, in red, reads ‘Unconstitutional at the high court’
JAPAN’S refusal to recognise same-sex marriage is unconstitutional, a high court ruled today, marking another victory for the LGBT community and adding pressure on the reluctant government.
The Fukuoka High Court ruling in southern Japan is the eighth win out of nine lawsuits filed since 2019.
Presiding Judge Takeshi Okada stated that banning same-sex marriage violates fundamental rights, including the pursuit of happiness under article 13 of the Constitution, as well as guarantees of equality and individual dignity.
The judge said there is no longer any reason to not legally recognise same-sex marriage.
The government has argued that marriage under civil law does exclude same-sex couples.
Following the ruling, Chief Cabinet Secretary Yoshimasa Hayashi said that the government will monitor pending lawsuits and public opinion.
More than 30 plaintiffs in five regions have sued for marriage equality.
Today’s case involved three couples from Fukuoka and Kumamoto.
Two more high court rulings are pending and are expected in March.
Takako Uesugi, a lawyer representing plaintiffs in Tokyo, said that with all three high court rulings in favour of their campaign, she has high expectations for the two upcoming decisions.
