Japan’s Nagoya High Court has ruled that the lack of legal recognition of same-sex marriages violates the country’s constitution, marking a significant victory for LGBTQ rights in Japan. The plaintiffs, who challenged the Civil Code and Family Registration Act, argued that the laws violate constitutional guarantees of equality and individual dignity.
The plaintiffs cited Articles 14 and 24 of Japan’s constitution, which protect equality under the law and ensure marriage laws uphold the fundamental equality of the sexes. They sought damages of 1 million yen for the government’s failure to pass necessary legislation allowing same-sex marriages. The court noted that same-sex relationships have existed long before legal marriage, emphasizing that recognizing such relationships is crucial for personal dignity and equality.
It also highlighted the social and financial disadvantages same-sex couples face, from housing restrictions to difficulties in accessing family-related services. Takeharu Kato, director of Marriage for All Japan, which supports the lawsuits, expressed optimism but also frustration. Kato said, “It’s not enough for the courts to rule. We need the Diet to legalize marriage equality.” Despite mounting public support, with over 70% of Japanese people now backing marriage equality, Prime Minister Fumio Kishida’s government has not yet acted, citing resistance from traditional factions.
