Conservative lawmakers of the ruling Liberal Democratic Party have reacted angrily to the Sapporo High Court’s ruling that the lack of legal provisions for same-sex marriage in Japan is unconstitutional.

One former Cabinet member said the March 14 court decision itself is “unconstitutional.”

“(Same-sex marriage) would totally reshape the family system and change the core of Japan,” the politician said. “I will remain opposed to it even if I were to become the last one to do so.”

The court ruled the absence of same-sex marriage provisions, including in the Civil Law, violates the first paragraph of Article 24 in the Constitution, which defines freedom of marriage.

The high court’s presiding judge also took the unusual step of making an additional remark that calls for prompt response measures.

Prime Minister Fumio Kishida, however, has not backed down from his cautious stance on the issue.

“The government, at least, does not believe that the lack of same-sex marriage provisions is unconstitutional,” Kishida said at the March 15 Upper House Budget Committee session. “The court ruling has yet to be finalized, and similar lawsuits are pending at other courts, so we will keep closely watching the situation.”

LDP lawmakers who espouse traditional family values have long hampered efforts to even discuss legalizing same-sex marriage in the Diet, despite criticism that such opposition goes against global trends to respect individual dignity and diversity.

“Homosexuals are being disadvantaged in their daily social lives and are facing a sense of loss about their own existence,” the Sapporo High Court judge said in remarks included in the decision document. “This is an urgent issue, and there should promptly be sincere discussions and response measures to deal with the matter.”

Conservative politicians were even against an LGBT law for promoting public understanding toward sexual minorities, which was enacted in June last year, featuring some opposition bloc arguments.

Those politicians are even more opposed to legislation for same-sex marriages.

One LDP lawmaker who also previously served in the Cabinet voiced concern about losing support by sympathizing with LGBT causes.

“I would certainly lose votes if I were ever to say in my constituency that I would approve same-sex marriage,” the lawmaker said.

The LDP is the only major political party that takes a cautious stance on same-sex marriage.

Chinami Nishimura, an executive deputy president of the main opposition Constitutional Democratic Party of Japan, called for swift passage of relevant legislation.

“If more people in the ruling parties--be it only one or two--come to believe it’s unwise (to oppose same-sex marriage), it has the potential to turn into a bigger movement,” Nishimura told The Asahi Shimbun on March 15. “The latest court decision is significant in that sense as well.”

Komeito, the LDP’s junior coalition partner, has also shown understanding toward same-sex marriage.

“We have reached a stage where we can discuss what legal measures could be taken in conformity with realities,” Komeito Secretary-General Keiichi Ishii said. “We hope to speed up discussions on the matter, hand in hand with the public’s understanding.”

One long-serving Komeito lawmaker said: “It’s time to aggressively push same-sex marriage, given that conservatives have a low-key presence now.”

The lawmaker was referring to the slush-fund scandal that led the conservative Abe faction, the largest in the LDP, to decide to disband.

“Conservatives in the LDP who are opposed to same-sex marriage have talked in vague terms about a breakup of family values, but that sounds abstract and unintelligible,” said Yasuhiko Watanabe, a professor of family law at Kyoto Sangyo University.

Watanabe said surveys show that Japanese society has grown in favor of same-sex marriage.

“It has already gained the understanding of the majority of the public,” he said. “Countries outside Japan have introduced same-sex marriage without waiting for the approval rate to grow to 80 or 90 percent.”

Watanabe continued: “There is no need to wait for a Supreme Court decision. The government and legislature of Japan should push legal changes for approving same-sex marriage.”

(This article was written by Shohei Sasagawa and Shinkai Kawabe.)