Japan recognises rights of same-sex couples for first time in landmark marriage ruling

Supporters hold the "unconstitutional decision" flag as they are pleased with the Sapporo District Court's decision 

Credit: STR/AFP

A court in Japan has ruled that not allowing same-sex couples to marry is “unconstitutional”, setting a historic precedent in a nation where only heterosexual partnerships are fully recognised.

The landmark case in Sapporo, north Japan, was the first in the country to rule on the legality of same-sex marriages, although it rejected demands for damages to be paid to single-sex couple plaintiffs.

The ruling is likely to be widely celebrated among supporters, with campaigners long critical of Japan’s constitutional definition of marriage, which states it should be based on “the mutual consent of both sexes”.

While it is not possible for same-sex couples to marry, more than 1,500 couples have signed up for partnership certificates from 74 municipalities across the country over the past six years, according to Kyodo news figures.

The largely symbolic certificates are not legally binding and do not allow the same full legal rights as heterosexual partnerships, often leaving same-sex couples and families financially vulnerable and socially stigmatised.

Kanako Otsuji, an opposition politician and one of the few MPs who is openly LGBT, tweeted how she was “truly, truly happy”.

“With this ruling, I urge the Diet, as the legislative branch of the government, to deliberate a proposed amendment to the civil code to make same-sex marriage possible," she said.

The ruling in Sapporo – which was the first major Japanese city to issue same-sex partnerships in 2017 – was based on a suit led by three same-sex couples who alleged psychological damage over the government’s failure to amend the law to allow them to marry.

Participants walk down the street during the Tokyo Rainbow Pride Parade 

Credit: Takashi Aoyama /Getty Images AsiaPac 

The couples told Sapporo District Court that they had tried to register their marriages with local authorities in January 2019 but were refused and requested 1 million yen (£6,584) each in damages.

Judge Tomoko Takebe supported the couples in their claims that the government was violating Article 14 of the Constitution, which ensures the right to equality.

The judge described the government’s failure to implement legal measures to offer “even a degree” of marital benefits to same-sex couples as “discriminatory. However, she rejected their demand for damages.

Speaking after the ruling, one of the plaintiffs, a man in his 40s who remained anonymous, said: “I couldn’t hold back my tears. The court sincerely gave its thorough attention to our problem and I think it issued truly a good decision.”

Another added: “ It’s like a dream. Now the government only needs to act.”

Among those who queued to witness the ruling was Yumi Hino, a transgender woman, 65, told Kyoto News: “I came because I thought it would be a historic event. [The ruling] will be a light of hope for LGBT couples.”

Japan, the only G7 nation that does not full recognise same-sex partnership, has relatively liberal laws in relation to homosexuality compared to many other Asian nations.

However, the LGBT community remains even today largely invisible in modern society, as a result of widely conservative social attitudes in both homes and workplaces towards same-sex couples.

It’s a situation that has prompted criticism from business lobbies, who say that Japan’s stance on same-sex marriage limits its ability to attract high-skilled labour and makes it less competitive internationally.