The first stage of Japan’s legal battle for recognition of equal marriage came to an end Thursday, with a moderate but hopeful outcome for the country’s LGBT activists. The Fukuoka court, the last first-instance jurisdiction to rule on the issue, determined that the lack of marriage equality was an “unconstitutional situation.”
In 2019, Japanese activists undertook coordinated court actions to demand that the state compensate LGBT couples who were deprived of the right to marry and enjoy the associated rights and benefits. The main objective was to pressure the state to legally recognize same-sex unions, as other G7 member countries already do.
A dozen couples initiated legal proceedings in five courts of first instance in different cities in Japan. However, all the judges rejected their claim for compensation and showed divided opinions on whether the marriage ban infringed on the principle of equality before the law protected by the Constitution.
Despite this, all courts agreed on the need for legislation that would publicly legalize the relationships of same-sex couples and grant them legal protection equivalent to that of heterosexual couples. Courts in Sapporo, Tokyo, and Nagoya also found the lack of equal marriage to be unconstitutional.
The court decisions may be appealed, and activists oppose the argument that alternatives to marriage offer equivalent rights. Their demand remains the recognition of equal marriage.
Polls show that the majority of the Japanese population is in favor of equal marriage, and many businesses and municipalities already offer LGBT couples similar benefits to heterosexual couples. Although a bill to “promote understanding” toward the LGBT community is expected to pass parliament this month, activists consider it insufficient. A more ambitious bill was blocked in 2021 due to pressure from the conservative faction of the Liberal Democratic Party, led by current Prime Minister Fumio Kishida.