Japanese Court Rules "Ban on Same-Sex Marriage is Unconstitutional"

The Only G7 Country Not Recognizing Same-Sex Marriage
Goldman Sachs: "LGBTQ+ Rights Are Crucial for Enhancing Business Competitiveness and Talent Acquisition"

[Asia Economy Reporter Kim Suhwan] Among the G7 countries, Japan is the only nation that does not recognize same-sex marriage, but a ruling has declared the law prohibiting same-sex marriage unconstitutional.

According to Kyodo News on the 17th, the Sapporo District Court ruled that the law not recognizing same-sex marriage violates the constitution. This ruling by the Sapporo court is the first case among similar lawsuits currently underway in five district courts across Japan, including Tokyo, Osaka, Nagoya, and Fukuoka, to deem the law prohibiting same-sex marriage unconstitutional.

However, the court dismissed the plaintiffs' lawsuit seeking damages from the state for mental suffering caused by the refusal to recognize same-sex marriage. The lawsuit was filed after two male couples and one female couple were denied marriage registration in 2019.

According to Article 24 of the Japanese Constitution, marriage is established only based on the mutual consent of "both sexes." The current Civil Code also designates men and women as the parties to marriage.

In Japan, same-sex couples cannot inherit property such as each other's homes, nor are parental rights guaranteed for their children. Although some local governments provide rights such as access to public rental housing and hospital visits for same-sex couples, their rights are significantly limited compared to opposite-sex couples.

Major foreign media outlets described the ruling as "a significant advancement in recognizing LGBTQ+ rights in Japan" and noted that it "will influence other ongoing lawsuits."

Experts have also voiced that Japanese society must recognize LGBTQ+ rights to maintain competitiveness in the international community. Masa Yanagisawa, Head of the Prime Services Division at Goldman Sachs Japan, analyzed, "Other advanced countries already comprehensively recognize LGBTQ+ rights. For improving the competitiveness of Japan's business environment and securing talent, perspectives on LGBTQ+ individuals must change progressively."

This content was produced with the assistance of AI translation services.