Third Japanese high court rules same-sex marriage ban unconstitutional

[Lori Dee]

Third Japanese high court rules same-sex marriage ban unconstitutional
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NHK World News - Japan
December 13, 2024

A high court in southwestern Japan has ruled that the lack of legal recognition of same-sex marriage is unconstitutional. This is the first ruling citing Article 13 of the Constitution, which guarantees the right to pursue happiness, as the reason.

The Fukuoka High Court on Friday handed down the ruling in a lawsuit filed by three same-sex couples who argue that the legal framework that does not allow them to get married violates the Constitution. They also demand that the state should pay compensation.

In June 2023, the Fukuoka District Court ruled that the legal framework is "in a state of unconstitutionality," but rejected the damages claims. The plaintiffs appealed.

Presiding Judge Okada Takeshi said the lack of a legal framework for same-sex marriage denies people who choose same-sex partners a path to pursue happiness.

He said the current situation also violates Article 14 of the Constitution, which says "all of the people are equal under the law," and Article 24, which guarantees "individual dignity and the essential equality of the sexes."

Okada added that the state of unconstitutionality will not be resolved unless same-sex couples have the same marital status as heterosexual people.

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