Japanese high court rules same-sex marriage ban is unconstitutional


Japanese law prohibiting same-sex marriage from being officially recognized is unconstitutional, the country’s Fukuoka High Court ruled on Friday, becoming the third of eight such legal bodies to do so. File Photo by Jiji Press/EPA-EFE

Dec. 13 (UPI) -- Japanese law prohibiting same-sex marriage from being officially recognized is unconstitutional, the country's Fukuoka High Court ruled on Friday.

The decree marks the third time a Japanese high court has ruled in a similar manner.

Japan's legal system includes eight high courts including Fukuoka, which fall below the Supreme Court of Japan.

A total of 35 plaintiffs filed a lawsuit contesting the legality and constitutionality of Japanese laws enshrined in the county's Civil Code.

This past March, the Sapporo High Court upheld a 2021 lower court decision that found that a lack of protection for same-sex marriages violated the Constitution of Japan.

The Tokyo High Court in October ruled the same way, becoming the second body to do so.

Friday's ruling by the Fukuoka High Court found Japanese civil laws currently in place that prohibit marriage and recognition of same-sex couples, violate parts of the constitution that guarantee equality of both sexes.

"There is no longer any reason to not legally recognize marriage between same-sex couples," Presiding Judge Takeshi Okada said Friday following the ruling.

Japan currently does not permit same-sex marriage or offer any legal protection or recognition for LGBTQ couples, making it the only member of the Group of Seven nations in that regard.

It's not yet clear if legislators will seek to appeal the decision to Japan's supreme court.

Japan's federal government will monitor the situation, Chief Cabinet Secretary Yoshimasa Hayashi told reporters Friday following the court ruling.

Japanese Prime Minister Shigeru Ishiba was elected last month and has publicly expressed support for LGBTQ marriage.