April 8, 2024
By Changwon Choi
In a landmark ruling, a Japanese high court has declared that the denial of same-sex marriage is unconstitutional. The court called for urgent government action to address the lack of any law allowing such unions. Despite the ruling, the court does not have the power to overturn the current marriage law, which restricts marriage to a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted.
The Sapporo High Court ruling stated that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to have a family. This ruling follows a similar one issued by a lower court earlier the same day. However, these rulings do not change or overturn the current civil union law that describes marriage as between a man and a woman.
Japan is the only country among the G-7 industrialized nations that doesn’t allow same-sex marriage. Despite this, momentum for change is growing, thanks in large part to couples who’ve stepped out of the shadows to push for equality and inclusion.