The Sapporo High Court ruled on March 14, 2024 that provisions in Japan’s Civil Code and Family Register Act that do not recognise same-sex marriage are unconstitutional. The case was brought by same-sex couples who argued that the existing system infringed their freedom to marry and conflicted with constitutional guarantees concerning dignity and equality.
The court examined Articles 13, 24 and 14(1) of the Constitution. On Article 13, it stopped short of determining that sexual orientation and the freedom to marry a same-sex partner automatically fall within constitutionally protected personal rights. It nevertheless said those interests are important when assessing the Diet’s legislative discretion under Article 24.
On Article 24, the court said statutory interpretation should consider the purpose of the law rather than relying solely on its wording. It concluded that same-sex couples should receive marriage protection to the same extent as heterosexual couples. Although the appropriate legal framework would require further consideration, the court found no reasonable basis for excluding same-sex marriage altogether.
The court also found that the non-recognition of same-sex marriage amounted to discrimination under Article 14(1). It concluded that there were no reasonable grounds for maintaining the distinction between same-sex and heterosexual couples in this respect.
The ruling did not, however, find that the Diet’s failure to amend or abolish the provisions had continued for an unjustifiably long period in a way that required compensation. The court noted that there were multiple possible approaches to legislating for same-sex marriage and that further discussion would be necessary, leading it to reject the appellants’ compensation claims.
The court nevertheless said the Diet should treat the issue as urgent and respond as soon as possible. Japan’s Supreme Court continues to publish judgments and decisions through its official website, but the material provided for this article does not establish that the Supreme Court has issued a final ruling on same-sex marriage.
Asian Editorial Department: Kim Min-jun