Osaka High Court Rules for Same-Sex Marriage, Declaring Ban Unconstitutional

Osaka High Court Rules in Favor of Same-Sex Couples in Landmark Decision

On March 25, 2023, the Osaka High Court made a landmark decision in favor of same-sex couples, ruling that Japan's ban on same-sex marriage is unconstitutional. This historic ruling marks the fifth time a high court in Japan has condemned the ban, but it is the only instance where a district court's decision upholding the ban has been overturned.

The case was brought by three same-sex couples residing in Kyoto, Kagawa, and other prefectures. They initially filed a lawsuit against the Japanese government seeking compensation for the discrimination they faced due to the marriage ban. While the Osaka High Court upheld the lower court's decision to deny compensation, it delivered a powerful message by declaring the ban itself unconstitutional.

The Osaka District Court had previously ruled that while the ban might become unconstitutional in the future, it was reasonable to limit marriage to heterosexual couples. This decision was based on the belief that marriage should be reserved for couples who can have children and raise them. However, the plaintiffs argued that this interpretation was discriminatory and that there was no logical reason to exclude same-sex couples from the marriage system.

The Osaka High Court agreed with the plaintiffs, stating that legalizing same-sex marriage would bring happiness to more people without causing harm to anyone. This decision is a significant step forward for LGBTQ+ rights in Japan and sends a clear message that discrimination based on sexual orientation is unacceptable.

While the fight for marriage equality in Japan is far from over, the Osaka High Court's decision is a major victory for same-sex couples and their allies. It is a testament to the growing public support for LGBTQ+ rights and the increasing recognition that all couples, regardless of their sexual orientation, deserve equal treatment under the law.