In a significant step towards marriage equality, the Nagoya District Court in Japan delivered a ruling on Tuesday declaring the ban on same-sex marriage as unconstitutional. This decision, the second of its kind out of four cases in the past two years, has sparked hope among activists striving for equal rights in the only Group of Seven nation lacking legal protection for same-sex unions. The ruling is expected to intensify pressure for a legal reform in a country where the constitution defines marriage as a union between a man and a woman.
The verdict was greeted with jubilation from supporters and activists waving rainbow flags outside the court premises. Lead lawyer Yoko Mizutani, addressing journalists, expressed relief, stating that this ruling rescues them from the hurt caused by last year’s ruling that upheld the ban’s constitutionality and from the government’s repeated dismissive stance. In Osaka, a previous ruling had concluded that the ban did not contradict the constitution, while a Tokyo court acknowledged the ban but acknowledged the violation of human rights due to the lack of legal protection for same-sex families.
The court’s ruling emphasized that the existing partnership agreements for same-sex couples were insufficient, providing a glimmer of hope for their full recognition. Mizutani interpreted this acknowledgment as a positive indication that the court recognizes the similarity between same-sex couples and other couples. Despite public opinion polls indicating approximately 70% support for same-sex marriage, the ruling Liberal Democratic Party, led by Prime Minister Fumio Kishida, remains conservative and opposes marriage equality. Kishida has remained noncommittal, urging cautious discussions on the matter.
Although more than 300 Japanese municipalities, covering around 65% of the population, currently permit same-sex partnership agreements, these agreements come with limitations. Partners are denied inheritance rights, parental rights, and guaranteed hospital visitation. The court’s recognition of these limitations further highlights the need for comprehensive legal reform. Chief Cabinet Secretary Hirokazu Matsuno stated during a press conference that the government does not consider the civil code and marriage laws to be unconstitutional, emphasizing the importance of considering public opinions on same-sex marriage.
While Japan is generally viewed as a relatively liberal economy, the conservative attitudes prevalent in the country have marginalized the LGBTQ+ community. However, this recent ruling has reignited hope for progress, echoing Taiwan’s groundbreaking decision to legalize same-sex marriage in 2019. Before same-sex marriages can take place in Japan, a new law needs to be enacted. The government had pledged to pass legislation promoting “understanding” of the LGBTQ+ community before hosting the G7 summit this month, but conservative opposition led to a delay and a diluted version of the proposed law. Critics argue that the revised wording, which allows for “no unfair discrimination” rather than “no tolerance for discrimination,” could tacitly enable bigotry.
Japan now faces mounting pressure to enact meaningful change, both from within the G7 community and economic sectors advocating for greater diversity to enhance international competitiveness. The recent court ruling serves as a significant milestone towards achieving marriage equality, and the ensuing discussions are expected to shape the future landscape of LGBTQ+ rights in Japan.
