A Japanese high court ruled that a ban on same-sex marriage is unconstitutional, a move that has divided the country’s judiciary and could pressure the conservative government to act, Reuters reported.
The High Court of Sapporo, on northern Japan’s Hokkaido Island, said that rules in Japan’s civil code limiting marriage to two people of opposite genders are “unconstitutional” and “discriminatory.” Judge Kiyofumi Saito added that the ban violates Article 14 of the Constitution, which provides that all citizens are equal.
The ruling was the first one to use such strong language. It came after other decisions, issued by lower courts, arguing the ban was in a “state of unconstitutionality,” the Japan Times noted. Those verdicts had frustrated rights groups because they represented little progress.
The Sapporo court’s decision was met with tears of joy from activists. One of them told the Japan Times it went beyond their expectations.
The verdict’s firm language is expected to force the government to act, as the environment is increasingly congenial for advancing LGBTQ rights in Japan. A recent public opinion poll showed that nearly two-thirds of Japanese people supported same-sex unions.
However, the ruling conservative Liberal Democratic party of Prime Minister Fumio Kishida opposes the measure.
Press secretary Yoshimasa Hayashi said the government would monitor public opinion and upcoming court rulings, believing that “an introduction of same-sex marriage closely affects family values of the people.”
On the other hand, the Sapporo court said that “enacting same-sex marriage does not seem to cause disadvantages or harmful effects.” Advocates added that the ban could even harm the Japanese economy.
Japan is the only member of the Group of Seven – whose member states are listed among the world’s wealthiest – offering no legal protection for same-sex couples, Reuters explained.
An executive at Goldman Sachs in Tokyo told the newswire that by keeping the ban, Japan risks repelling talented foreign LGBTQ workers who could not move to the country with their partners and enjoy the same rights as their heterosexual counterparts.
So far, nearly 400 local governments in Japan have approved partnership systems for same-sex couples, with a limited set of benefits.
US Ambassador to Japan Rahm Emmanuel praised the court ruling’s step on “a journey of 1,000 miles” toward legalizing same-sex marriage.
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