Japan high court rules that ban on same-sex marriage is unconstitutional

The Tokyo High Court ruled on Oct. 30, 2024, that Japanese laws that do not recognise same-sex marriages violate the right to equality under the country's Constitution.

It said that the ban leads to "discriminatory treatment of people based on sexual orientation", reported Kyodo News.

This marks the second time a Japanese high court has made such a ruling, following Sapporo High Court's landmark ruling in March earlier this year.

Claim for compensation rejected

The case involved seven plaintiffs, including same-sex couples, who argued that civil law provisions prohibiting same-sex marriage violate the right to equality.

Article 24 of the Japanese Constitution states: "Marriage shall be based only on the mutual consent of both sexes."

Each plaintiff sought 1 million yen (S$8,638) in damages from the government.

However, the court, led by Judge Sonoe Taniguchi, declared the marriage ban unconstitutional but rejected the compensation claim.

The judge explained that, since the Supreme Court has yet to rule on the matter, the court could not hold the government liable for the Diet’s (Japanese parliament) lack of legislative action.

The plaintiffs had earlier failed in their bid to seek damages through the Tokyo District Court in 2022.

It had ruled then that same-sex marriage ban is in a "state of unconstitutionality" — a term used to indicate a call for the Diet (Japanese Parliament) to take action on the issue. However, the compensation claims were rejected.

Ban discriminates people based on sexual orientation

Taniguchi emphasised the importance of respecting the right to form spousal relationships for everyone as an "important legal interest", including same-sex couples.

"The degree of social acceptance for granting (same-sex couples) the same protection as heterosexuals has heightened considerably," she said.

Plaintiffs rejoice

According to Kyodo News, some of the plaintiffs and their supporters expressed joy after the ruling.

Japan's Chief Cabinet Secretary Yoshimasa Hayashi said in a press conference that the introduction of the same-sex marriage system "concerns the fundamentals of people's lives and is closely related to each person's view of the family".

The state will closely monitor developments of other similar lawsuits and take into account the the Diet (Japanese Parliament)'s deliberation as well as some local governments' move to recognise same-sex partnership, he said.

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