Sapporo and Tokyo courts rule Government’s ban on same-sex marriage is unconstitutional

Japanese government needs to legalise same-sex marriage in law

‘By recognising that the Government’s ban on same-sex marriage is unconstitutional, these rulings make clear that such discrimination has no place in Japanese society’ - Boram Jang

In response to today’s Sapporo High Court and Tokyo District Court rulings which highlighted the Japanese government’s ban on same-sex marriage as unconstitutional, Boram Jang, Amnesty International’s East Asia Researcher, said:

“The court decisions today mark a significant step towards achieving marriage equality in Japan.

“The ruling in Sapporo, the first High Court decision on same-sex marriage in the country, emphatically shows the trend towards acceptance of same-sex marriage in Japan.

“By recognising that the Government’s ban on same-sex marriage is unconstitutional, these rulings make clear that such discrimination has no place in Japanese society.

“The Japanese government now needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts.   

 “The law passed by the Government last year to ‘promote understanding’ of LGBTI people is not enough. There need to be concrete, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination.”

Historic rulings

The Tokyo District Court and Sapporo High Court separately made historic decisions today on two same-sex marriage cases: The Tokyo District Court first ruled that the current legal framework, which does not recognise same-sex marriage, cannot be reasonably justified in light of the dignity of the individual and the fundamental equality of the sexes, and should be considered a violation of Article 24(2) of the Constitution.

Then, in Japan’s first High Court decision on same-sex marriage, Sapporo’s High Court ruled that the provisions of the Civil Code and the Family Register Act that do not recognise same-sex marriage are unconstitutional, as they violate Article 24(1) and (2) and Article 14 (1) of the Constitution.

The Sapporo ruling is the first time the judiciary has recognised that the current law prohibiting same-sex marriage violates all three clauses - Article 24(1) and (2) and Article 14(1) of the Constitution. In June 2023, the Japanese government passed a law which calls to ‘promote understanding’ of LGBTI people, which has been widely criticised by rights groups due to its failure to address the protection of LGBTI rights from discrimination.