June 1, 2023

Akahata editorial (excerpts)

In a lawsuit filed by a gay couple in Aichi Prefecture claiming that the ban on same-sex marriage is unconstitutional, the Nagoya District Court on May 30 ruled in favor of the plaintiffs that the denial of same-sex marriage violates Article 14 of the Constitution which stipulates equality under the law and Article 24, Paragraph 2 which requires that marriage-related laws be enacted based on individual dignity. Among similar court battles nationwide, the Sapporo District Court in 2021 made the “unconstitutional” decision in the light of Article 14. The latest court decision is the first to acknowledge the violation of both Article 14 and Article 24. This is an important judgement as it puts pressure on the government to move toward the legalization of gay marriage.

The Nagoya District Court in its ruling cited that the introduction of some sort of same-sex partnership system has spread among municipalities in Japan, and that a growing number of countries have allowed same-sex couples to marry. It stated that public support for marriage equality has been growing and that the reasoning behind the exclusion of same-sex couples from the legal marriage system is now crumbling, resulting in a situation that is “difficult to ignore”. It concluded that to ignore this situation goes counter to Article 24, Paragraph 2 of the Constitution stipulating that legislation regarding marriage and the family "shall be enacted from the standpoint of individual dignity and the essential equality of the sexes."

Furthermore, the court ruling recognizes that to not accept same-sex marriage is discrimination based on sexual orientation and violates Article 14 of the Constitution guaranteeing the right to equality.

Japan, among G7 countries, is the only nation refusing to recognize same-sex marriage. The government should now decide to legalize the marriages of same-sex couples.

Past related articles:
> Tokyo court recognizes disallowing same-sex marriage as 'unconstitutional state' [December 2, 2022]
> Sapporo district court recognizes ban on same-sex marriage as unconstitutional [March 18, 2021]