A second high court rules that Japan's ban on same-sex marriage is unconstitutional

A second Japanese high court ruled Wednesday that the government's policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding plaintiffs' demands for marriage equality.

A second Japanese high court ruled Wednesday that the government's policy against same-sex marriage is unconstitutional, the latest in a series of decisions upholding plaintiffs' demands for marriage equality.

The Tokyo High Court called the ongoing ban “a groundless legal discrimination based on sexual orientation,” saying it violates the constitutional guarantee of right to equality, as well as individuals' dignity and equality between sexes. It was a clearer statement than the 2022 lower court decision that described the situation as “an unconstitutional state.”

The Sapporo High Court ruling in March said not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. Wednesday's ruling is the seventh overall that found the ongoing ban to be unconstitutional or nearly so, against only one district court decision that found it constitutional. The rulings can still be appealed to the Supreme Court.

In Wednesday's ruling, Presiding Judge Sonoe Taniguchi also wrote that the purpose of marriage is not only to produce offspring but also to ensure stable legal status for the partners, and that there is no rational reason to justify excluding same-sex couples. She said there is a shared international consensus against discriminating based on sexual orientation.

Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday's ruling has not been finalized and that his government will continue to watch other pending court cases.

Still, the winning streak has raised hopes among the LGBTQ+ community.

Plaintiffs cheered outside of the court Wednesday, while their supporters held banners carrying messages such as "Further advance toward marriage equality!" and "No more waiting for legal revision!"