The Nagoya District Court in Japan has ruled that the country's lack of recognition for same-sex marriage is a violation of the constitution. This is the second court decision in Japan that could put pressure on Prime Minister Fumio Kishida's government to grant LGBTQ couples more rights.
The ruling was in favor of a gay couple in their 30s who argued that they don't have equal treatment under the law due to their inability to wed. The court rejected their demand for the state to pay damages. Japan is the only G7 nation that does not recognize same-sex marriages or civil unions.
There have been a series of lawsuits across the country in a bid for change, with mixed results so far. A court in Hokkaido ruled in 2021 that the lack of recognition for same-sex marriage is unconstitutional, while an Osaka court said that LGBTQ couples' rights have not been violated.
The decision by the Nagoya District Court is a step towards recognizing same-sex marriage in Japan, but it is not a final ruling. The Tokyo District Court's decision in November 2021 stated that the absence of a legal framework for same-sex couples to become a family poses a "grave threat" to their rights, but did not go as far as to violate the constitution.
Despite the mixed court decisions, a recent poll by broadcaster JNN showed that 63% of respondents in Japan support recognizing same-sex marriage. However, Kishida, the head of the conservative Liberal Democratic Party, has emphasized the need to tread cautiously. He has said that he wants to consider developments with lawsuits and partnership systems introduced by local governments, including Tokyo.
In conclusion, the Nagoya District Court's ruling is a step forward for same-sex marriage in Japan. It adds pressure on the government to consider granting LGBTQ couples more rights, but there is still a long way to go for legalization.