Japan’s Nagoya High Court ruled on Friday that the country’s lack of legal recognition for same-sex marriage is unconstitutional. This ruling marks the fourth consecutive high court decision to declare the current government policy unconstitutional following similar verdicts in Tokyo, Fukuoka, and Sapporo.
The appellants argued that the current provisions of Japan’s Civil Code and Family Registration Act, which do not recognize same-sex marriage, violate Article 14, Paragraph 1, and Article 24, Paragraph 2 of the Japanese Constitution. The appellants also sought damages of 1 million yen in accordance with Article 1, Paragraph 1 of the State Redress Act, as they were unable to marry due to the government’s failure to take necessary legislative action.
In its ruling in favor of the appellants, the court stated that same-sex relationships have existed naturally even before legal marriage, and that the societal acknowledgment of such personal relationships as legitimate is a vital legal interest tied to personal dignity, extending beyond specific legal frameworks for marriage and family.
Additionally, the court held that same-sex couples face disadvantages in various aspects of social life that cannot be resolved through civil partnership systems. These include housing-related disadvantages, such as restrictions on renting properties; financial institutions refusing to recognize same-sex partners as family members for mortgage applications; and disadvantages in accessing products and services designed for family relationships. However, the court said that although the relevant provisions are unconstitutional, the government’s failure to make legislative changes is not illegal under the State Redress Act.
This large-scale class action lawsuit, dubbed “Freedom of Marriage for All,” involves more than 30 plaintiffs and around 80 lawyers, with six lawsuits filed in five courts nationwide. This is the first class action lawsuit for same-sex marriage, as Japan remains the only Group of Seven (G7) country that has yet to legalize same-sex marriage, despite persistent lobbying from the LGBT community and its supporters.