Editorial: Japan must legalize same-sex marriage after high court verdict on ban

The Sapporo High Court ruled on March 14 that the current Japanese system disallowing same-sex marriage is unconstitutional, marking the first verdict of its kind at the appeals court level.

The landmark ruling clearly demonstrates that homosexual people do not deserve to be treated differently from heterosexual people in society, and that members of both groups should be respected as individuals.

Of particular note is that the ruling acknowledged that the lack of legal recognition of same-sex marriage runs counter to the first paragraph of the Japanese Constitution’s Article 24, which guarantees matrimonial freedom.

Article 24 stipulates: “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.” Because of the phrases “both sexes” and “husband and wife,” the courts have ruled in similar lawsuits in the past that the provision does not presuppose same-sex couples.

The Sapporo High Court interpreted the clause’s purpose as meaning “free partnership between individuals,” and recognized that the article also guarantees same-sex marriage. It is a conclusion drawn from the awareness that it goes without saying that sexual orientation concerns personal identity and needs to be legally protected.

The court furthermore recognized that the same-sex marriage ban also violates the second paragraph of Article 24, which calls for legislation “from the standpoint of individual dignity” with regard to matters pertaining to marriage, as well as Article 14’s first paragraph guaranteeing equality under the law.

Because of the lack of legal recognition of their status, same-sex couples have faced disadvantages in a plethora of aspects of social life, from taxation, social security, and parental custody to inheritance.

Some of these people find that their character has been trampled upon and their existence denied by the system of their own nation.

Yet the Japanese government has insisted that the issue “is closely related to family views among each and every member of the public,” and remains reluctant to revamp the system.

The ruling pointed out that legalizing same-sex marriage “does not mean asking the public to unify their views,” and urged a swift response, stating that legalization would not cause harm to society.

Also on March 14, the Tokyo District Court handed down a ruling that found the country’s same-sex marriage ban as being in a state of unconstitutionality. The verdict pointed out that for a person to lead a life compatible to their gender identity and sexual orientation is their “irreplaceable right,” and that same-sex couples are deprived of this.

A total of six similar lawsuits have been filed throughout the country, and all of them have received their initial court verdicts. Of these, two courts ruled that the country’s same-sex marriage ban is “unconstitutional,” another three that it is “in a state of unconstitutionality,” and one that it is “constitutional.”

Both the government and the Diet must take seriously that there have been a string of judicial rulings that call the current system into question, including the Sapporo High Court verdict, and immediately move on to legalize same-sex marriage. To protect individual dignity, their rights must be guaranteed throughout the systems of the state.