Japan’s Osaka High Court Declares Same-Sex Marriage Ban Unconstitutional

OSAKA: March 27, 2025

In a landmark decision, the Osaka High Court ruled on Tuesday that Japan’s failure to legally recognize same-sex marriage violates the constitutional right to equality. This makes it the fifth high court in the country—following Sapporo, Tokyo, Fukuoka, and Nagoya—to strike down the ban as unconstitutional. However, the court agreed with a prior ruling denying financial compensation to the plaintiffs.

The verdict overturned a 2022 Osaka District Court decision that had upheld the ban. Presiding Judge Kumiko Honda stated that current civil laws barring same-sex unions create “significant legal disadvantages” for LGBTQ+ couples and cannot be justified. The court also emphasized that marriage is a fundamental right tied to personal dignity and equality, principles enshrined in Japan’s Constitution.

The case was filed in 2019 by three same-sex couples seeking 1 million yen ($6,600) per person in damages from the government. While the high court did not grant compensation, the plaintiffs’ legal team celebrated the ruling as a crucial step toward legislative reform.

Japan’s civil and family registration laws currently recognize only heterosexual marriages, granting benefits like tax breaks, inheritance rights, and child custody exclusively to opposite-sex couples. Though some local governments have introduced partnership certificates for same-sex couples, activists argue these measures fall short of full legal equality.

With this decision, pressure mounts on Japan’s government to act, as it remains the only G7 nation without legal same-sex marriage or civil unions. The ruling aligns with a growing wave of judicial support for marriage equality, signaling a potential shift in the country’s stance on LGBTQ+ rights.

@KYODOnews