Japan court terms ban on same-sex marriage a rights violation

A Japanese court ruled Thursday that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to have a family.

But the ruling is only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it doesn't change or overturn the current civil union law that describes marriage as between a man and a woman.

Five court decisions have now said Japan’s current policy is either unconstitutional or nearly so. However, the rulings at the low-level courts don't affect the existing laws.

Government offices don't grant marriage status to same-sex couples.

Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to legally marry and receive spousal benefits.

Support for legalizing marriage equality has grown among the Japanese public, but the governing Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and sexual diversity, remains the main opposition to the campaign.

The ruling by the Tokyo District Court involved the last of six primary-level court cases brought by more than a dozen same-sex couples beginning in 2019, saying the government's refusal to recognize their marriage equality is unconstitutional.

“The result alone is a powerful message" to the parliament to legalize marriage equality, said lawyer Makiko Terahara.

In the Tokyo ruling, the court said the right to marry and have a family and enjoy benefits from marriage are guaranteed for everyone and that lack of the legal right to same-sex couples is “deprivation” of their basic right the current situation is in “unconstitutional state.”

The court said the situation is not quite unconstitutional as same-sex marriage has not yet gained broad social acceptance in Japan and thus the current situation is not unconstitutional.

The Tokyo ruling also acknowledged the right for anyone to live based on their sexuality and sexual identity, and the traditional family values and marriage are changing, and equality of same-sex marriage is increasingly accepted in international and corporate communities.

The court said the government’s lack of effort to legal marriage equality is not unconstitutional, but expressed hope for the parliament to enact a law for same-sex marriage.

Marriage equality is now recognized in 36 countries, not only in the West but also in Asia, including Taiwan, Thailand and Nepal, according to the Marriage for All Japan, a civil group supporting the lawsuits.

While Japan’s conservative government is seen stonewalling diversity, recent surveys show a majority of Japanese back legalizing same-sex marriage.

Support among the business community has rapidly increased.

Critics said it was watered down, the government enacted an LGBTQ+ awareness promotion law in June.

The Supreme Court separately ruled that Japan’s law requiring compulsory sterilization surgery for transgender people to officially change their gender is unconstitutional.