Official rulings published by Japanese high courts

Fukuoka High Court Joins Sapporo and Tokyo in Ruling Japan's Same-Sex Marriage Ban Unconstitutional

Dec 13, 2024, 05:51 AM

The Fukuoka High Court has ruled that Japan's ban on same-sex marriage is unconstitutional, marking the third such high court decision following similar rulings by the Sapporo and Tokyo High Courts. The court's decision, which came on Friday, stated that the ban violates the constitutional right to pursue happiness as outlined in Article 13 of the Constitution, as well as the right to equality under Article 14 and the freedom of marriage under Article 24. Despite this, the court upheld a lower court ruling dismissing the plaintiffs' claim for damages. The case was brought by three same-sex couples from Fukuoka and Kumamoto, who argued that the civil law provisions prohibiting same-sex marriage infringe upon their rights to equality and freedom of marriage as guaranteed by the Constitution. Japan remains the only G7 country without legal recognition of same-sex marriage or civil unions, highlighting the growing pressure on lawmakers to address this issue.