Japan Court Rules Ban on Same-Sex Marriage is 'Unconstitutional'

Facts

• A Japanese high court ruled that the country's ban on same-sex marriage is unconstitutional Thursday, in a move advocacy groups say will likely pressure the government to increase protections for LGBTQ people.¹
• The court's ruling cited the country's constitution, which discusses the right to equality and states that marriage shall be only on the mutual consent of 'both sexes.' The court said this could be taken to mean marriage between individuals of the same sexes should be guaranteed.²
• The ruling is the first time a high court has found Japan's ban on same-sex marriage unconstitutional. A similar ruling was made earlier in the day that said that due to a lack of protection for same-sex couples, a ban on same-sex marriage is in a 'state of unconstitutionality.'³
• Five other courts have deemed Japan's ban unconstitutional or nearly unconstitutional but none but this ruling has deemed the country's existing marriage law unconstitutional. The high court does not have the authority to reverse the current marriage law.⁴
• Acceptance for marriage equality has grown in Japan, but the Liberal Democratic Party, known for its conservative politics around gender equality, opposes it. A 2023 poll by the Pew Research Center found that 68% of the Japanese population supports legalizing same-sex marriage.⁵
• Japan remains the only member of the Group of Seven major industrialized countries that has not legalized same-sex marriage and civil unions.¹

Sources: ¹www.reuters.com, ²Kyodo News+, ³The Japan Times, ⁴CBS and ⁵Al Jazeera.

Narratives

• Left narrative, as provided by Amnesty International. This verdict is a long-awaited victory for LGBTQ rights in Japan. This marks a significant step towards the legalization of same-sex marriage in the country and shows that discrimination like the ban on marriage equality is unconstitutional and has no place in the country. The Japanese government must now take proactive steps to legalize marriage equality and ensure the equal rights of its LGBTQ citizens.
• Right narrative, as provided by Associated Press. Japan is a traditional country that holds significance in conservative family values. Legalizing gay marriage would not just be a legal change, it would significantly alter Japanese society. While LGBTQ people mustn't be discriminated against in Japan, legalizing same-sex marriage requires significant discussion and should not be rushed into.

Predictions