A Japanese Court in Osaka ruled that it is not unconstitutional to ban same-sex marriage.
A district court in Osaka, Japan ruled on Monday that it is not unconstitutional to ban same-sex marriage.
In other words, Japan has constitutionalized the ban on same-sex marriage. It is the only country in the
group of G7 Countries to not allow people of the same sex to marry.
Japan’s constitution defines marriage as one between “both sexes”.
The ruling dealt a blow to gay couples and LGBTQ rights activists, after another district court in Sapporo
ruled in 2021 that the failure to recognize same-sex marriage was “unconstitutional”.
A court in the city of Sapporo in March 2021 decided in favour of a claim that not allowing same-sex
marriage was unconstitutional, this raised the expectations of activists, but their hopes were dashed by the
rulings of another court on Monday. Activists wished to create pressure on the Central government by
taking into account the ruling of the Sapporo Court but failed to do so.
Gay Couple sue Japanese court over marriage rights
Three same-sex couples – two male, one female – had filed the case in a district court in Osaka, only the
second to be heard on the issue in Japan.
In addition to rejecting their claim that being unable to marry was unconstitutional, the court also
dismissed demands for 1 million yen ($7,414; £6,058) in damages for each couple who argued they had
suffered “unjust discrimination” by not being allowed to marry.
“I actually wonder if the legal system in this country is really working,” said plaintiff Machi Sakata, who
married her U.S.-citizen partner in the United States. The two are expecting a baby in August.
“I think there’s the possibility this ruling may really corner us,” Sakata said.
The Constitution of Japan defines marriage as a relation based on “the mutual consent of both sexes”.
And on this basis, the court banned same-sex marriage and considered it unconstitutional. However, the
support for same-sex marriage is growing, a survey via opinion polls declared. The introduction of
partnership rights for same-sex couples in Tokyo last week, along with rising support in opinion polls,
had raised the hopes of activists and lawyers for the Osaka case.
The Osaka court said that marriage was defined as being only between opposite genders and that not
enough debate on same-sex marriage had taken place in Japanese society.
“We emphasized in this case that we wanted same-sex couples to have access to the same things as
regular couples,” said lawyer Akiyoshi Miwa, adding that they would appeal.
Economic Implications
Prime Minister Fumio Kishida has said the issue needs to be carefully considered. But his ruling Liberal
Democratic Party has disclosed no plans to review the matter or propose legislation, though some senior
party members favour reform.
Across the Asian Continent, only Taiwan has legalized same-sex marriage. Though, Japanese law is
considered relatively liberal in some areas by Asian standards but still, Japan is lagging to make itself
LGBTQ friendly.
Under current rules in Japan, members of same-sex couples are not allowed to legally marry, cannot
inherit each other’s assets – such as a house they may have shared – and also have no parental rights over
each other’s children.
Though partnership certificates issued by some municipalities help same-sex couples rent a property
together and have hospital visitation rights, they do not give them the full legal rights enjoyed by
heterosexual couples.
Last week, a bill was passed by the Tokyo prefectural government that recognizes same-sex partnership
agreements, meaning local governments covering more than half of Japan’s population now offer such
recognition.
An opinion poll by the local government late last year in Tokyo found some 70% of people were in
favour of same-sex marriage.
Activists say that legalizing same-sex marriage would have far-reaching implications both socially and
economically, and would help attract foreign firms to the world’s third-biggest economy.
Masa Yanagisawa, head of prime services at Goldman Sachs and a board member of the activist group
Marriage for all Japan, speaking before the verdict said that the “International firms are reviewing their
Asian strategy and LGBTQ inclusivity is becoming a topic”.
“International businesses don’t want to invest in a location that isn’t LGBTQ-friendly.”
