Fukuoka High Court declares Japan’s same-sex marriage ban unconstitutional

Fukuoka High Court determined This Friday that the lack of legal recognition of same-sex marriage in Japan is unconstitutional, marking a milestone in the debate over LGBT rights in the country. Despite this development, the court dismissed the plaintiffs’ compensation claim, in line with previous rulings by other Japanese courts.

Chief Judge Takeshi Okada stated that the current legal provisions violate Article 13 of the Constitution, which guarantees the right to the pursuit of happiness, and also contravene constitutional guarantees of equality before the law and individual dignity. This ruling makes Fukuoka the third high court in the country to rule against the same-sex marriage ban, joining similar decisions issued by high courts in Sapporo and Tokyo.

As they left the court, plaintiffs celebrated the decision while holding signs questioning the Japanese parliament’s inaction to legalize same-sex marriage. Kosuke, one of the plaintiffs, described the ruling as a significant change in social perception toward same-sex couples and confessed to crying while listening to the ruling. His partner, Masahiro, expressed that the ruling gave them hope by recognizing the suffering they have faced.

Despite these legal victories, Japan remains the only G7 country that does not recognize marriage equality or civil unions. Current laws, which restrict marriage rights to heterosexual couples, deprive same-sex couples of benefits such as inheritance rights, tax advantages, and joint custody of children. Although some courts have declared these restrictions to be incompatible with the Constitution, others, such as the Osaka court, have found them to be legal, reflecting a lack of consensus in the judicial system.

The Fukuoka ruling, while not forcing the government to legislate immediately, intensifies pressure on the Japanese parliament to address this legal inequality. The LGBT community and its advocates see these decisions as crucial progress toward inclusion, as the country faces growing demands to align its policies with international human rights standards. Japan is at a crossroads, and these rulings could mark the beginning of a shift toward greater equality and recognition for same-sex couples.