Though partnership certificates from municipalities now cover about 60% of the population in Japan, including Tokyo, they do not give same-sex couples the same rights enjoyed by heterosexual couples. Japan currently does not permit same-sex couples to marry or inherit each other’s assets, such as a house they may have shared, and gives them no parental rights to each other’s children. The Tokyo ruling, already influential because of the capital’s outsized influence on the rest of Japan, had been keenly awaited because a 2021 ruling in the city of Sapporo had raised hopes when it found the ban on same-sex marriage unconstitutional, while one in Osaka in June found the opposite. Japanese court upholds ban on same-sex marriage Plaintiffs speak to journalists after a court ruling in Osaka, Japan, when the court ruled that the country's ban on same-sex marriage does not violate the constitution on June 20, 2022. “While marriage remains between a man and a woman, and the ruling supported that, it also said that the current situation with no legal protections for same-sex families is not good, and suggested something must be done about it,” he said. “This is actually a fairly positive ruling,” said Nobuhito Sawasaki, one of the lawyers involved in the case.
Wednesday’s ruling by the Tokyo district court said that while the ban was constitutional, the absence of a legal system to protect same-sex families is an infringement of their human rights.
The ruling party of Prime Minister Fumio Kishida has disclosed no plans yet to review the matter or propose legislation, though several senior members support same-sex marriage. Japan is the only G7 nation that does not allow same-sex marriage, and its constitution defines marriage as based on “the mutual consent of both sexes. A Tokyo court ruled on Wednesday that a ban on same-sex marriage was constitutional but said the lack of legal protection for same-sex families violated their human rights, which plaintiffs welcomed as a step toward aligning Japan with other G7 nations.
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