Photo/Illutration Plaintiffs speak with reporters on June 8 after the Fukuoka District Court ruling on same-sex marriages. (Kengo Hiyoshi)

Lawyers for the six plaintiffs who filed a lawsuit in Fukuoka District Court seeking to declare the ban on same-sex marriage as unconstitutional took solace in common points from court rulings around the nation. 

“While the rulings were not the same, all said the situation could not be left as is," one lawyer said. "The latest ruling provided further backing for that message.”

The June 8 ruling by the Fukuoka District Court found the lack of laws for same-sex marriage in a "state of unconstitutionality," the second such ruling among the five lawsuits filed in Japan. 

Two other district courts said not allowing same-sex marriages was unconstitutional, while one said current laws were constitutional.

A common theme echoed in all five rulings was that the social circumstances had changed.

There appeared to be recognition of the global trend recognizing same-sex marriage, the increase in local governments establishing a partnership arrangement for same-sex couples as well as public surveys showing more support for such marriages.

Given that the first of the five lawsuits was submitted in 2019, the two rulings that called laws that did not legally recognize same-sex couples unconstitutional are a major step forward for a relatively new theme appearing before the judicial system.

At the same time, that short period in which the lawsuits were brought to the courts was also used by the district courts as a factor in not finding fault with the legislative branch for failing to legalize same-sex marriage.

One went so far as to say the discussions on such a legal change had not been fully completed.

The plaintiffs in the five lawsuits have called for Diet action to legalize same-sex marriage rather than await rulings by high courts and the Supreme Court, which could take years.

But with the Diet not even in agreement on legislation about promoting the understanding of sexual minorities, the road toward legislative action appears a long and rocky one.

The ruling Liberal Democrat Party's junior coalition partner, Komeito, has come out in support of legislation legalizing same-sex marriages, but does not appear to have the pull to convince LDP lawmakers to do the same.

An LDP lawmaker who once served as a Cabinet minister said, “There is a strong sense within the party of not wanting to have to deal with issues about sexual minorities because many are afraid of being criticized by conservative elements.”

The lawmaker pointed to the effects of the long period that Shinzo Abe served as prime minister that still reverberate within the LDP. Abe took many strongly conservative stances, including the need for constitutional revision and emphasizing the traditional family unit. 

“While there are many lawmakers who feel something is not right when global trends are considered, the actual situation is that not many will come out and say what they feel,” the lawmaker said.

Chief Cabinet Secretary Hirokazu Matsuno also indicated that the government would not be making any moves until a ruling in the lawsuits has been finalized.

(This article was written by Kyota Tanaka, Takashi Endo and Kazufumi Kaneko.)

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