LGBTQ in Japan: Non-recognition of marriage for all unconstitutional, according to the court

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Supporters of the lawsuits will gather in front of the Tokyo District Court in November 2022

Photo: Kazuhiro Nogi / AFP

There are 14 couples, five times they have sued. At one point, the judges in Osaka ruled that the previous rules were sufficient. The other four times they found that the non-recognition of same-sex relationships before the law in Japan is either completely or almost unconstitutional.

The last of the five verdicts was handed down on Thursday before a district court in Fukuoka in the southwest of the country. Here, too, the judges found that the lack of equality amounted to an "unconstitutional situation". This raises the hopes of activists who are fighting for marriage equality.

Japan is the only industrialized country in the G7 that has not yet recognized same-sex partnerships. In the five proceedings, the plaintiffs wanted to change this and at the same time claim damages for denied rights and benefits. The proceedings have been ongoing since 2019.

A court in Tokyo had already criticized an "unconstitutional situation" in November. A court in Nagoya ruled the same way, declaring that same-sex couples were excluded from "important personal benefits" granted to married couples. Only the judges in Osaka argued that differences between same-sex and heterosexual couples were already partially compensated for by partnership certificates issued by municipalities.

Majority supports marriage equality

Several of the court decisions are expected to be appealed. Lawyer Takeharu Kato criticized the claim that gays and lesbians have equal rights even without the possibility of marriage. He is involved in one of the proceedings. "What we want is marriage," he said.

In the current ruling, the judges pointed out that marriage for all is increasingly possible internationally and that the United Nations Human Rights Committee has repeatedly called on Japan to eliminate discrimination against same-sex couples. In addition, the judges referred to the support of the population.

According to polls, the majority of the Japanese population supports marriage equality. A growing number of employers and municipalities are granting same-sex couples some of the same benefits as married couples. Supporters cheered in front of the court, waving rainbow flags and holding signs reading "Unconstitutional" and "Quick Law in Parliament!"

Japan's government promises improvements

However, Japan's conservative Prime Minister Fumio Kishida has so far avoided making a clear statement, and his Liberal Democratic Party (LDP) is considered to be mainly responsible for the lack of LGBTQ equality. In February, an adviser to Kishida caused a stir after announcing that he did not want to live next to queer people and that citizens would flee Japan if same-sex marriage was allowed.

After a public outcry, the LDP has announced a law that prohibits "unjust discrimination" against LGBTQ people, while avoiding a general equality requirement. On Friday, a subcommittee of parliament is expected to vote on the proposed law.

The Japanese Constitution of 1947 stipulates that marriage can only be based on the mutual consent of both sexes. However, it also says: "All (men) are equal before the law".

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