In a major milestone for LGBTQ+ rights in Japan, the Osaka High Court ruled on Tuesday that legal provisions barring same-sex marriage are unconstitutional. The verdict overturns a 2022 lower court ruling and aligns Osaka with other high courts in Sapporo, Tokyo, Fukuoka, and Nagoya that have similarly found the ban discriminatory.
Presiding Judge Kumiko Honda stated that the current provisions of Japan’s Civil Code and family register law “undermine the dignity of individuals seriously and are unreasonable.” The court found these laws to be in violation of Paragraph 1 of Article 14 of the Constitution, which guarantees equality under the law, and Paragraph 2 of Article 24, which calls for marriage laws to be grounded in respect for individual dignity.
The lawsuit was one of six filed by same-sex couples in various prefectures, seeking both recognition and ¥1 million in damages per plaintiff. While the Osaka High Court did not grant monetary compensation, it reinforced the growing judicial consensus that the current legal framework is discriminatory and unconstitutional.
The government had maintained that Article 24 of the Constitution applies only to heterosexual unions, defending the exclusion of same-sex couples from legal marriage rights. However, Tuesday’s ruling joins others in rejecting this interpretation, signaling mounting pressure for legislative change.
Notably, the Sapporo High Court went further in an earlier case, ruling that the ban also violates freedom of marriage under Paragraph 1 of Article 24, and the Fukuoka court cited a breach of citizens’ right to pursue happiness as stated in Article 13.
This ruling increases momentum for Japan to become the last G7 nation to legalize same-sex marriage. Advocates hope the growing body of legal support will prompt the Diet to act decisively in recognizing marriage equality nationwide.
