Beautiful Virgin Islands

Tuesday, Aug 11, 2026

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

A Japanese court ruled on Wednesday that not allowing same-sex couples to get married is "unconstitutional," setting a precedent in the only G7 nation not to fully recognise same-sex partnership.

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

Following the ruling, plaintiffs and supporters unfurled rainbow flags and banners in front of the court.

While a new law will be needed before same-sex marriages can actually take place - which could take some time in socially conservative Japan - the plaintiffs' lawyer called the ruling "revolutionary", while LGBT activists deemed it life-changing.

"Its value is absolutely measureless," said 44-year old Gon Matsunaka, director of activist group Marriage for All Japan and representative of Pride House Tokyo.

"Until the ruling was announced, we didn't know this was what we'd get and I'm just overjoyed."

While Japanese law is considered relatively liberal by Asian standards, social attitudes have kept the LGBT community largely invisible in the world's third largest economy. Taiwan became the first place in Asia to legalise same-sex marriages in 2019.

Under the current rules in Japan, same-sex couples are not allowed to legally marry, can't inherit their partner's assets - such as the house they may have shared - and also have no parental rights over their partners' children.

Though partnership certificates issued by individual municipalities help same-sex couples to rent a place together and have hospital visitation rights, they still don't give them the same full legal rights enjoyed by heterosexual couples.

"Sexual orientation cannot be changed or selected by a person's will," the ruling said. "It is discriminatory treatment ... that they cannot receive even some of the legal benefits that heterosexuals do."

The Sapporo District Court threw out the demand for damages by the six plaintiffs - two couples of men and one of women - who had asked that the Japanese government pay 1 million yen ($9,168.42) each in acknowledgment of the pain they suffered by not being able to legally marry.

But Takeharu Kato, the lawyer of the plaintiffs, called the verdict overall "revolutionary", while urging parliament to quickly start working on a law to make same-sex marriage possible.

"We praise this ruling for taking in the plaintiffs' earnest appeals," the lawyer told a news conference.

SAME JOYS, SAME PROBLEMS


Similar cases are currently being heard in four other courts around Japan and this ruling may indirectly influence their outcome.

"Only because the gender of the person we love is different, we can't get married. We live the same lives as heterosexuals, have the same troubles and the same joys," said one of the plaintiffs, a woman known only as "E".

"Though our lives are exactly the same, the nation wouldn't recognise this."

Chief Cabinet Secretary Katsunobu Kato told a news conference he had not read the ruling in detail but that the government would "carefully watch" the outcomes of the other court cases.

While homosexual sex has been legal in Japan since 1880, social stigma means many have yet to come out even to their families. The Japanese ruling also came just days after the Vatican said priests cannot bless same-sex unions.

Some in the business world say Japanese rules not allowing same-sex marriage hurt the country's competitive advantage, by making it difficult for companies, especially foreign companies, to attract and keep highly-skilled labour in an increasingly international economy.

Tokyo residents also welcomed the ruling, saying it was about time things changed.

"Japan has always been conservative, but these days things are becoming more open," said 60-year old dentist Kyoko Enomoto. "I think it will open up a lot more from now on."

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Russia’s A7 Builds a State-Linked Payments Network Beyond Western Sanctions
Hyper-Realistic Reborn Dolls Draw Collectors Seeking Comfort and Craft
Gen Z Cuts Back on Dating as a Night Out Nears $200
Patients Turn to Artificial Intelligence for Therapy as Psychiatrists Warn of Privacy and Clinical Risks
Couples Embrace ‘Sleep Divorce’ to Protect Rest and Reduce Tension
Meta Ordered to Pay $567 Million and Change Facebook and Instagram Safeguards for Children
Up to only 10 Months in Prison for Swedish Officer’s Murderer Sparks Anger
Success: Nvidia Turned Gaming Chips Into the Engine of the AI Boom
Jorge Messi, Lionel Messi’s Father and Longtime Agent, Dies at 68
AI’s Next Bottleneck Is Power, Not Just Nvidia Chips
Advertising trick: Pepsi’s Harrier Jet Commercial Led to a $700,000 Court Fight
Meta Raises AI Spending Target to as Much as $145bn Despite Pressure Over Returns
Danube Drought Exposes Nazi Wrecks and Pushes Central Europe’s Power System to the Brink
Joe Biden’s Cancer Has Spread Beyond His Bones, Hunter Biden Says
Air Traffic Control Outage Grounded Flights Across the Midwest
Why 2027 Could Be a Strong Year for Stocks—and Why the Forecast Is Fragile
Why Markets May Look Quiet in August After Big Tech Earnings
Australian Crew Evacuates Seriously Ill American From Antarctica in Midwinter Darkness
Trump’s Top General Seeks an Exit Strategy From Iran War, Report Says
Brock Lesnar Retires From Wrestling, Closing a Career of Rare Athletic Range and Lasting Controversy
Trump-Era Policy Shifts Test the Boundaries of U.S. Institutions
UK Drought Cuts Harvests and Raises Food-Security Fears
UFO: Pentagon Releases Video of Unidentified Object Tracked Over Middle East
US Health Secretary: “I’m Not Afraid of Germs — I Used to Snort Cocaine Off Toilet Seats”
Ukraine Tells Senate Republicans Its Drone War Offers a Blueprint for America
Weight-Loss Drug Boom Tests the Limits of Prescription Advertising Rules
Trump Keeps Hegseth at Pentagon While Leaving Door Open for DeSantis
UK Clears Paramount’s Warner Bros. Discovery Deal, but US Trial Looms
UK Prosecutors Add 38 Charges Against Andrew and Tristan Tate
Taiwan’s President Joins Wartime Command Drill as China Pressure Grows
Saudi Arabia, Turkey and Pakistan Sign Mutual-Defence Pact
HMRC’s 2029 Tax Shift Could Overlap Old and New Self-Assessment Bills
Thetford Disorder Prompts Expanded Police Powers Amid Asylum-Housing Protests
Cambridge Faces Calls for Independent Review of Jason Arday Appointment
Scotland’s ‘Cock of the North’ Woodland Is Being Felled After Wind Damage
Reform UK and Greens Unite Against Vast Solar Plans for Kent Marshland
New Zealand Draws Wealthy Americans With Revamped Investor Visa
Senate Panel Votes to Hold Anthony Fauci in Contempt After Fifth Amendment Testimony
Cambridge Professor Jason Arday Resigns as University Opens Inquiry Into His Credentials
Manchester Power Failure Disrupts Trains Across North West Into Friday
Lightning Strike Kills Yala FC Player During Match in Southern Thailand
Senate Scrutinises AI-Driven Personalised Pricing
Spain Seeks Mainland Transfers for 1,100 Children Stranded in Ceuta
Spain and Morocco Trade Blame After 72,000 Migrants Enter Ceuta
Met Police Investigated Journalist Who Questioned Cambridge Professor
Badenoch Defends Tory Candidate Jailed for Antisemitic Abuse of Luciana Berger
NHS Spends £240m a Year Storing Paper Records Despite Digital Push
Apple Seeks Court Order to Stop OpenAI Using Alleged Trade Secrets
Breaking With the Past: One of the World’s Smallest Countries Changes Its Name
AI Is Remaking the US Economy, From GDP Growth to iPhone Prices
×