Japan Court: Same-Sex Union Ban at Odds with Constitution

Facts

• On Thursday, the Fukuoka District Court in southern Japan said that the ban on same-sex marriage presents the country with an "unconstitutional situation."¹
• Falling short of stating the ban was unconstitutional, the court ruled that Japan's marriage laws violate a section of the Constitution's Article 24 that refers to "individual dignity and equality of the sexes."²
• In a case brought by three same-sex couples against the state, the judge said that to ensure same-sex couples' dignity is respected, "various considerations are necessary," including Japan's same-sex partnership system.³
• However, the court rejected the plaintiff's demands the government pay ¥1M (about $7K) each in damages for denying them the right to marry.⁴
• The ruling comes as Japan's parliament is mulling legislation on "promoting understanding" of LGBTQ+ rights, saying "unjust discrimination" towards sexual minorities must stop.⁵
• Though Japan is the only G7 nation yet to recognize same-sex unions legally, more than 300 municipalities, including Tokyo, offer some of the same benefits to same-sex couples as married ones.⁶

Sources: ¹Barrons, ²Guardian, ³Nikkei Asia, ⁴ABC News, ⁵Japan Today, and ⁶Al Jazeera.

Narratives

• Narrative A, as provided by Reuters. Not allowing same-sex marriage is unconstitutional. Period. The latest ruling sends a strong message and should be enough to pressure the government to change the law which violates same-sex couples' fundamental rights by denying them legal protection. This ruling may be a step forward but Japan's situation is still disappointing.
• Narrative B, as provided by The Morning Sun. The ban on same-sex marriage is in keeping with the constitution, which guarantees heterosexual couples the right to marry under Article 24. Allowing same-sex couples to marry legally would fundamentally change Japanese society and values, which is why the government must avoid making hasty decisions regarding gender equality and sexual diversity.