The Fukuoka High Court of Japan has become the third of Japan’s eight high courts to rule that the government’s policy against same-sex marriage is unconstitutional. However, the court upheld a lower court ruling that dismissed three same-sex couples who had sought 1 million yen ($6,540) each for being denied their constitutional rights to gender and legal equality, individual dignity, and the pursuit of happiness.

The couples, who live in the southwestern cities of Fukuoka and Kumamoto, had their damage claims dismissed by the Fukuoka District Court in 2023 after the court ruled that the government wasn’t obliged to compensate them or legalize marriage equality legislation despite being in “state of unconstitutionality,” The Mainichi reported.

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High Court Judge Takeshi Okada ruled that civil laws forbidding same-sex marriages violate the nation’s constitution, saying, “There is no longer any reason to not legally recognize marriage between same-sex couples.” However, he noted that any change in national marriage laws must be decided by Japan’s legislature, known as the National Diet.

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As the judge read his ruling, a 35-year-old plaintiff identified in the media as Kosuke couldn’t stop crying. Despite this, his 37-year-old partner Masahiro said “[the judge] understood our suffering, and I felt very reassured.”

Opponents of marriage equality in Japan have noted that Article 24 of the Japanese constitution specifically states, “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”

However, marriage equality advocates have also pointed out that the constitution’s other articles state, “The people shall not be prevented from enjoying any of the fundamental human rights,” and, “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.”

Regardless, in October the Tokyo High Court ruled similarly, echoing another one made by the Sapporo High Court in March, which said that limiting marriage to couples of the opposite sex is “unconstitutional” and “discriminatory.” Despite the rulings, the country’s judiciary doesn’t have the power to overturn existing civil marriage codes.

Marriage equality has divided the country’s court system in opposing rulings over several years. Meanwhile, Japan’s conservative government lags behind increasingly supportive public opinion. Seventy percent of the Japanese public supports marriage equality, but it faces opposition from the ruling Liberal Democratic Party of Prime Minister Fumio Kishida.

The party lost its parliamentary majority in last Sunday’s election and will likely have to compromise on more liberal policies pushed by the opposition parties, like marriage equality, the aforementioned publication noted.

Right now, Japan doesn’t offer national LGBTQ+ non-discrimination protections or same-sex marriage. As a result, LGBTQ+ people in Japan often face inequities in employment, housing, education, and health care.

More than 200 Japanese municipalities offer some form of recognition for same-sex couples. Such recognition can help same-sex couples rent apartments together, visit each other in city hospitals, and receive other services that married heterosexual couples enjoy.

Though several jurisdictions offer “partnership certificates,” they’re entirely symbolic and don’t offer federal benefits given to married heterosexual couples.

LGBTQ+ advocacy groups have pushed for a national bill that would enshrine equal civil rights and non-discrimination protections into law. However, the conservative party of Prime Minister Fumio Kishida helped defeat the effort in the lead-up to the 2021 Olympic Summer Games.

Japan remains the only country in the G7, a political and economic forum of seven of the world’s most advanced economies, that has not legalized marriage equality. Currently, the only Asian countries that have legalized same-sex marriage are Taiwan, Nepal, and Thailand.

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