A Japanese court in Osaka ruled on June 20 that the prohibition of same-sex marriage is constitutional. Japan will remain the only G7 nation that prohibits the practice.
In March 2021, there was anticipation that the central government would change course on the issue after a Sapporo city court determined that not allowing same-sex marriage was unconstitutional.
However, the recent ruling in an Osaka district court took the opposite stance, ruling that a ban on same-sex marriage is constitutional. Three same-sex couples — one female and two male — filed the case, which is only the second of its kind to be addressed in Japan.
One plaintiff, Machi Sakata, said, “I actually wonder if the legal system in this country is really working.” She married her American partner in the U.S., and the couple is expecting a child in August.
The court also dismissed the plaintiffs’ request for 1 million yen ($7,400) in damages for each couple.
Japan’s constitution describes wedlock as founded on “the mutual consent of both sexes.” The Osaka decision aligned with this language, saying that marriage was defined as exclusively taking place between a man and a woman.
Same-sex couples are not allowed to marry in Japan lawfully, have no parental rights over each other’s children, and have no inheritance rights to each other’s assets.
Last week, the local Tokyo government passed a bill to recognize same-sex partnerships. About half of the local municipalities and prefectures in Japan have issued similar symbolic same-sex partnership certificates offering such recognition.
Legal partnership certificates issued by some cities allow same-sex couples to jointly rent real estate and have hospital visitation privileges. However, the certificates do not give same-sex couples all the same legal rights as married heterosexual couples.
Lawyer Akiyoshi Miwa, representing the plaintiffs, said, “We emphasized in this case that we wanted same-sex couples to have access to the same things as regular couples.” He also said they would appeal the ruling.
The Osaka court also asserted in its decision that there was not enough previous discussion on the issue. The Liberal Democratic Party of Prime Minister Fumio Kishida has revealed no plans to consider the matter or suggest legislation.
Still, some members of the party are in favor of reform.
The opposition Constitutional Democratic Party of Japan (CDP), the Japanese Communist Party (JCP), the Social Democratic Party (SDP), the left-wing Reiwa Shinsengumi party, and the conservative Komeito party (the junior partner in Japan’s coalition government) support same-sex marriage.
The conservative Nippon Ishin no Kai backs same-sex marriage but thinks a constitutional amendment is required to legalize it.
Individual legislators from the Liberal Democratic Party (the former minister of defense and minister for foreign affairs, Taro Kono, and the former minister of agriculture, Ken Saitō) and the Democratic Party for the People (party leader Yuichiro Tamaki) have also voiced their approval of same-sex marriage.
Over half (51%) of Japanese people polled since 2013 say they support the legalization of same-sex marriage or partnerships, and a 2018 poll found it backed by over 78% of people under age 60.
