Tokyo — A groundbreaking decision was made by a Japanese high court on Thursday, declaring the denial of same-sex marriage as unconstitutional and urging the government to take immediate action to address the absence of any legislation allowing such unions.
While the court lacks the authority to overturn the existing marriage law, which has been interpreted to define marriage as only between a man and a woman, government entities will still be able to refuse marriage recognition to same-sex couples unless the current law is amended to encompass LGBTQ+ couples or a new law is put in place to permit various forms of unions.
The ruling by the Sapporo High Court emphasized that the prohibition of same-sex couples from marrying and accessing the same benefits as heterosexual couples infringes upon their fundamental right to form a family.
Earlier on the same day, a lower court issued a similar verdict, marking the sixth district court to do so. However, the ruling by the Tokyo District Court was seen as a partial win for Japan's LGBTQ+ community advocating for marriage equality, as it does not invalidate or alter the existing civil union law that defines marriage as exclusively between a man and a woman.
Five previous court decisions in various districts said Japan's policy of denying same-sex marriage is either unconstitutional or nearly so. However, unlike the Sapporo ruling, none of the low-level courts clearly deemed the existing marriage law unconstitutional
Japan is the only country among the so-called G-7 industrialized nations that doesn't allow same-sex marriage. But, reports CBS News correspondent Elizabeth Palmer, momentum for change is growing, thanks in large part to couples who've stepped out of the shadows to push for equality and inclusion — despite the personal risks.
Palmer says banners and the bunting were hung in July for Tokyo's first full-scale Pride parade since the coronavirus pandemic. It was both a party, and a political rally to press for same-sex marriage rights.
U.S. Ambassador Rahm Emanuel joined the crowds and lent his vocal support, saying he could already "see a point in Japan's future" when, "like America… where there is not straight marriage… not gay marriage… there's only marriage."
Proudly joining the parade that day were Kane Hirata and Kotfei Katsuyama, who have become poster boys for the cause.
Asked why they believe their country is the only one in the G-7 that doesn't yet allow same-sex marriage, Katsuyama told CBS News Japan's ruling political party has close ties with fringe religious sects and staunchly conservative anti-LGBTQ groups.
Right-Wing Minority in Japan's Parliament Continues to Hinder Marriage Law Reforms
For a significant period, a formidable right-wing faction within Japan's legislative body has successfully impeded significant revisions to the nation's marriage statutes.
