Beautiful Virgin Islands

Sunday, May 10, 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
The War Map: Professor Jiang’s Dark Theory of Iran, Trump, China, Russia, Israel, and the Coming Global Shock [Podcast]
The End of the Old Order [Podcast]
Labour Is No Longer a National Party [Podcast]
Lawyers vs Engineers: Why China Builds While America Litigates [Podcast]
The AI Gold Rush Is Coming for America’s Last Open Spaces [Podcast]
The Pentagon’s AI Squeeze: Eight Tech Giants Get In, Anthropic Gets Shut Out [Podcast]
AI Isn’t Stealing Your Job. It’s Dismantling It Piece by Piece.
Britain’s Democracy Is Now a Costume
Churchill’s Glass: The Drunk, the Doctor, and the Myth Britain Refuses to Sober Up From
The Met Gala Meets the Age of Billionaire Backlash
Russian Oligarch’s Superyacht Crosses Hormuz via Iran-Controlled Route
Gunfire Disrupts White House Correspondents’ Dinner as Trump Is Evacuated
A Leak, a King, and a Fracturing Alliance
Inside the Gates Foundation Turmoil: Layoffs, Scrutiny, and the Cost of Reputational Risk
UK Biobank Breach Exposes Health Data of 500,000, Listed for Sale on Chinese Platform
KPMG Cuts Around 10% of US Audit Partners After Failed Exit Push
French Police Probe Suspected Weather-Data Tampering After Unusual Polymarket Bets on Paris Temperatures
News Roundup
Microsoft lost 2.5 millions users (French government) to Linux
Privacy Problems in Microsoft Windows OS
News roundup
Péter András Magyar and the Strategic Reset of Hungary
Hungary After the Landslide — A Strategic Reset in Europe
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
×