A second high court in Japan ruled on Wednesday that the government’s policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding plaintiffs’ demands for marriage equality.
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The Tokyo High Court called the ongoing ban “a groundless legal discrimination based on sexual orientation”, saying it violates the constitutional guarantee of right to equality, as well as individuals’ dignity and equality between sexes. It was a clearer statement than the 2022 lower court decision that described the situation as “an unconstitutional state”.
The Sapporo High Court ruling in March said not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. Wednesday’s ruling is the seventh overall that found the ongoing ban to be unconstitutional or nearly so, against only one district court decision that found it constitutional. The rulings can still be appealed to the Supreme Court.
Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday’s ruling has not been finalised and that his government will continue to watch other pending court cases.
Still, the winning streak has raised hopes among the LGBTQ community.
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Tokyo issues same-sex ‘partnership certificates’ amid cheers from LGBTQ community
Tokyo issues same-sex ‘partnership certificates’ amid cheers from LGBTQ community
Plaintiffs cheered outside the court on Wednesday, while their supporters held banners carrying messages such as “Further advance toward marriage equality!” and “No more waiting for legal revision!”