Japan’s ban on same-sex marriages is unconstitutional, according to a court ruling issued Tuesday.
The decision from Nagoya District Court was the latest in an ongoing legal battle to expand LGBTQ+ rights and allow same-sex marriage in the country.
In a landmark 2021 ruling in Sapporo, judges ruled that preventing same-sex couples from legally marrying violated Article 14 of the Japanese constitution, which guarantees equal rights to all people.
But in two other cases, in Osaka and Tokyo last year, courts ruled that the ban was legal under Japanese law. All three previous cases have been appealed to the country’s Supreme Court, but none has been heard yet. A fifth ruling is expected on the southern island of Kyushu next month.
Though the ban remains on the books, Tuesday’s decision was celebrated by LGBTQ+ and human rights groups in Japan and worldwide.
“The judicial branch, on behalf of the rights of minorities, raised its voice and it will be a strong message to the government,” said Asato Yamada, a lawyer for the plaintiffs. “The message is that the government should resolve the problem immediately.”
Opinion polls have found that more than 70% of Japanese citizens support same-sex marriage. However, the conservative ruling party, led by Prime Minister Fumio Kishida, has taken almost no action to protect the rights of LGBTQ+ people.
Kishida has not publicly taken a position on same-sex marriage, instead saying that he will monitor the court cases and public opinion.
Earlier this year, one of his aides, Masayoshi Arai, said he wouldn’t want to live next to LGBTQ+ people and theorized that Japanese citizens would flee the country if same-sex marriage were legalized. Kishida fired him following swift backlash.