London Daily

Focus on the big picture.
Friday, Jul 03, 2026

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

A Japanese court ruled on Wednesday that not allowing same-sex couples to get married is "unconstitutional," setting a precedent in the only G7 nation not to fully recognise same-sex partnership.

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

Following the ruling, plaintiffs and supporters unfurled rainbow flags and banners in front of the court.

While a new law will be needed before same-sex marriages can actually take place - which could take some time in socially conservative Japan - the plaintiffs' lawyer called the ruling "revolutionary", while LGBT activists deemed it life-changing.

"Its value is absolutely measureless," said 44-year old Gon Matsunaka, director of activist group Marriage for All Japan and representative of Pride House Tokyo.

"Until the ruling was announced, we didn't know this was what we'd get and I'm just overjoyed."

While Japanese law is considered relatively liberal by Asian standards, social attitudes have kept the LGBT community largely invisible in the world's third largest economy. Taiwan became the first place in Asia to legalise same-sex marriages in 2019.

Under the current rules in Japan, same-sex couples are not allowed to legally marry, can't inherit their partner's assets - such as the house they may have shared - and also have no parental rights over their partners' children.

Though partnership certificates issued by individual municipalities help same-sex couples to rent a place together and have hospital visitation rights, they still don't give them the same full legal rights enjoyed by heterosexual couples.

"Sexual orientation cannot be changed or selected by a person's will," the ruling said. "It is discriminatory treatment ... that they cannot receive even some of the legal benefits that heterosexuals do."

The Sapporo District Court threw out the demand for damages by the six plaintiffs - two couples of men and one of women - who had asked that the Japanese government pay 1 million yen ($9,168.42) each in acknowledgment of the pain they suffered by not being able to legally marry.

But Takeharu Kato, the lawyer of the plaintiffs, called the verdict overall "revolutionary", while urging parliament to quickly start working on a law to make same-sex marriage possible.

"We praise this ruling for taking in the plaintiffs' earnest appeals," the lawyer told a news conference.

SAME JOYS, SAME PROBLEMS


Similar cases are currently being heard in four other courts around Japan and this ruling may indirectly influence their outcome.

"Only because the gender of the person we love is different, we can't get married. We live the same lives as heterosexuals, have the same troubles and the same joys," said one of the plaintiffs, a woman known only as "E".

"Though our lives are exactly the same, the nation wouldn't recognise this."

Chief Cabinet Secretary Katsunobu Kato told a news conference he had not read the ruling in detail but that the government would "carefully watch" the outcomes of the other court cases.

While homosexual sex has been legal in Japan since 1880, social stigma means many have yet to come out even to their families. The Japanese ruling also came just days after the Vatican said priests cannot bless same-sex unions.

Some in the business world say Japanese rules not allowing same-sex marriage hurt the country's competitive advantage, by making it difficult for companies, especially foreign companies, to attract and keep highly-skilled labour in an increasingly international economy.

Tokyo residents also welcomed the ruling, saying it was about time things changed.

"Japan has always been conservative, but these days things are becoming more open," said 60-year old dentist Kyoko Enomoto. "I think it will open up a lot more from now on."

Newsletter

Related Articles

0:00
0:00
Close
Luxury bags take over the World Cup: style, status symbol, or just showing off?
National Productivity Institute Highlights Weak Business Investment Outside Southern England
UK High Court Orders Reassessment of Environmental Impact in Major Highway Project
UK Cyber Security Centre Warns of Rising Threat From State-Sponsored Digital Espionage
UK Education Secretary Launches National Reform of Apprenticeships and Vocational Training
Financial Conduct Authority Tightens Climate Risk Disclosure Requirements for Listed Firms
Rail Union Suspends Planned Strike Action to Enter Formal Negotiations With Operators
Northern Ireland Businesses Seek Clarity Over Post-Brexit Trade Rules
Welsh Government Launches Regional Growth Plan Targeting Transport and Digital Infrastructure
North Sea Wind Sector Attracts £5 Billion Investment Amid Expansion of Offshore Capacity
Scotland and UK Governments Establish New Framework for Coordinated Investment in Energy and Infrastructure
UK Government Launches Major Immigration and Border Policy Overhaul Review
Bank of England Signals Interest Rates to Remain Elevated Despite Easing Inflation Pressures
National Health Service Warns of Severe Winter Capacity Strain Across Hospital Trusts
Chancellor Orders Urgent Treasury Review Amid Concerns Over Structural Public Finance Gap
Prime Minister Unveils Sweeping Legislative Programme Focused on Housing, Health Service Reform and State Energy Plan
UK Parliamentary Committee Launches Inquiry Into Falling Primary School Rolls and Public Service Impact
UK House of Lords Debates Electoral Commission Powers and Political Finance Reform
UK Parliament Considers Expanding Carbon Rules to International Aviation and Shipping Emissions
UK Traffic Commissioner Revokes Hampshire Haulage Operator Licence Over Regulatory Failures
UK Parliament Examines Risks in Public Contracts Awarded to Technology Firm Palantir
UK Competition Watchdog Moves Toward More Flexible Merger Rules to Support Efficiency and Growth
UK Government Seeks Approval for £1.15 Trillion Public Spending Plan Amid Scrutiny Over Department Budgets
UK Parliament Debates Sweeping National Security and Steel Industry Nationalisation Bills
UK Government Issues Formal Apology for Historic Forced Adoption Practices and Announces £4 Million Support Scheme
UK DEFENCE AND TECHNOLOGY STRATEGY TILTS TOWARD SOVEREIGN CAPABILITY AND INDUSTRIAL INVESTMENT
UK ECONOMIC POLICY OUTLOOK SHAPED BY LEADERSHIP TRANSITION AND FISCAL SIGNALS
STERLING STRENGTHENS AMID SHIFTING MONETARY OUTLOOK AND GLOBAL LABOUR MARKET SIGNALS
UK HPV VACCINATION PROGRAM NEARLY ELIMINATES CERVICAL CANCER DEATH RISK IN YOUNG WOMEN
UK EXPANDS PRISON SAFETY REVIEW AS GOVERNMENT SEEKS WIDER SYSTEM REFORM
UK DRIVES DIGITAL ASSETS STRATEGY WITH NEW STABLECOIN REGULATORY MODEL
UK TO EXPAND AI INFRASTRUCTURE THROUGH NEW EUROPEAN TECHNOLOGY PARTNERSHIP
UK LAUNCHES £15 BILLION DEFENCE TECH SHIFT TOWARD ADVANCED MILITARY SYSTEMS
CIVIL SERVICE FACES SHIFT IN POWER STRUCTURE AS REGIONAL GOVERNANCE PLANS EXPAND
WHITEHALL CONSIDERS MAJOR DECENTRALISATION PLAN WITH SECOND GOVERNMENT HUB IN MANCHESTER
UK TARGETS SERVICES EXPORT GROWTH IN TRADE TALKS WITH CHINA AMID GEOPOLITICAL TENSIONS
POLICE WATCHDOG PROBES OFFICERS OVER HANDCUFFING OF DYING TEENAGER IN HAMPSHIRE CASE
UK REGULATORS UNVEIL DUAL OVERSIGHT FRAMEWORK FOR STABLECOINS AND DIGITAL ASSETS
KEIR STARMER ANNOUNCES £15 BILLION DEFENCE TECHNOLOGY BOOST IN FINAL MAJOR POLICY MOVE
ANDY BURNHAM SIGNALS STRICT FISCAL RULES AS LABOUR LEADERSHIP RACE SHAPES MARKET OUTLOOK
POUND STERLING HITS ONE-YEAR HIGH AS BANK OF ENGLAND SIGNALS NO IMMINENT RATE CUTS
UK Government Confirms Rejected Asylum Seekers to Remain Amid Enforcement Challenges
UK-China Economic Talks Focus on Services Trade and High-Value Sectors
Buckingham Palace Revamp Plans Unveiled to Modernise Royal and Public Facilities
Two Dead After Light Aircraft Crash in Essex Field, Investigation Underway
Princess Diana Marked at 65 With UK Tributes Reflecting on Her Public Legacy
England Teachers Face New Pay Cap Rules for Academy School Leaders Under Education Reform
Dublin Security Alert Escalates After Stabbing and Reports of Transport Disruption
UK Government Faces Scrutiny Over £10,000 Asylum Living Cost Contribution Requirement
England Prepares World Cup Knockout Match Against Democratic Republic of Congo
×