The Osaka High Court ruled on March 25 that Japan’s laws prohibiting same-sex marriage are unconstitutional. This makes it the fifth high court to declare such laws invalid. The decision came in response to a lawsuit seeking the legalization of same-sex marriage.
The Osaka High Court’s ruling stated that prohibiting same-sex marriage violates the principles of equality and individual dignity guaranteed by the Constitution. This decision is part of a growing trend, with all five high courts that have addressed similar lawsuits finding the same conclusion.
Despite these judicial rulings, Japan’s political response has been slower. Lawmakers continue to delay action on this issue, despite a strong public shift in favor of legalizing same-sex marriage. In 2015, the Shibuya Ward in Tokyo made history by recognizing same-sex partnerships, sparking nationwide discussions.
The issue gained further traction when Prime Minister Shinzo Abe was questioned about same-sex marriage in 2015. At the time, he stated that Japan’s Constitution did not envision same-sex marriages. However, this stance has slowly been challenged, particularly after a growing number of districts began recognizing same-sex partnerships.
Since then, Japan has made some progress. In 2023, the government passed a law promoting LGBT understanding. This was a significant step, as it included sexual orientation and gender identity protections. Public opinion has shifted as well. According to surveys, 72% of respondents supported legalizing same-sex marriage in 2023, up from 41% in 2015.
Despite these developments, the ruling Liberal Democratic Party (LDP) remains resistant to legalizing same-sex marriage. The party’s conservative factions, along with groups like the Nippon Kaigi, continue to oppose the change. In fact, some members of the LDP have even criticized the recent high court rulings, calling them “insane.”
On March 25, Chief Cabinet Secretary Yoshimasa Hayashi commented on the Osaka High Court decision. He stated that the government would closely monitor the Supreme Court’s eventual ruling. This suggests that political action on the issue will continue to depend on judicial outcomes rather than legislative change.
In summary, while judicial support for same-sex marriage continues to grow, political change in Japan is still a long way off. The Supreme Court’s upcoming decision will likely be pivotal in determining the future of same-sex marriage in the country.
