In a recent ruling, the Fukuoka district court in Japan declared the ban on same-sex marriage to be constitutional. However, the court expressed apprehensions regarding the dignity and human rights of same-sex couples, indicating a significant step forward for the LGBTQ community. Although this judgment falls short of activists’ expectations, it reinforces the growing momentum for change within Japan, the only Group of Seven nation lacking legal protection for same-sex unions.
Over the past two years, Japan has witnessed a series of rulings on same-sex marriage, with varying conclusions. Two courts deemed the ban unconstitutional, while two others, including the recent Fukuoka district court ruling, upheld the ban but acknowledged additional rights concerns. This echoes a previous Tokyo court decision that upheld the ban while highlighting the violation of same-sex families’ rights due to a lack of legal protection.
The Fukuoka court, in line with the Tokyo judgment, recognized that while the prohibition on same-sex marriage may be within constitutional bounds, it contradicts the clause emphasizing individual dignity as the foundation for matters related to marriage and family. This was characterized as a “state of unconstitutionality.” Masahiro, one of the plaintiffs, expressed encouragement over the overall trend in these court cases, stating, “Four of the five rulings so far have either found not allowing same-sex marriage is unconstitutional or is at odds with part of the constitution.” This sense of progress brought relief to the community.
Despite approximately 70% public support for same-sex marriage according to opinion polls, Japan’s conservative ruling party, led by Prime Minister Fumio Kishida, remains opposed to it. In February, Kishida dismissed an aide who made inflammatory remarks, triggering outrage by suggesting that people would flee Japan if same-sex marriage were legalized and expressing a reluctance to live near LGBTQ couples. The pressure to address this issue has intensified from other G7 nations, particularly the United States, during the lead-up to Japan’s recent hosting of the G7 leaders’ summit.
While more than 300 municipalities in Japan, covering about 65% of the population, allow same-sex couples to enter into partnership agreements, their rights are still limited. Partners are unable to inherit each other’s assets or obtain parental rights for their children, and hospital visitation rights are not guaranteed.
Although Kishida’s government pledged to pass a law promoting “understanding” of LGBTQ individuals ahead of the G7 summit, conservative opposition significantly delayed its progress. The revised version, likely to be voted upon next week, has been watered down and replaced the initial stance of “not tolerating” discrimination based on sexual orientation and gender identity with a milder declaration of “no unfair discrimination.” Critics argue that this subtly condones bigotry.
While Taiwan set a pioneering example in Asia by legalizing same-sex unions in 2019, and the leading candidate for Thailand’s next prime minister has pledged to pass a law allowing same-sex marriages, there is still much work to be done in Japan. Wataru Ishizaka, an openly gay member of a Tokyo assembly, expressed relief at the ruling’s recognition of human rights concerns but emphasized the persistent misunderstandings that must be addressed.
The court cases have brought greater public attention to LGBTQ issues in Japan, fostering increased understanding to some extent. However, challenges remain on the path toward full equality and acceptance.