Photo/Illutration Plaintiffs in the same-sex marriage lawsuit enter Tokyo High Court on Oct. 30. (Naoko Kawamura)

A second high court has ruled that the Japanese government’s failure to extend marriage rights to same-sex couples is unconstitutional.

In its Oct. 30 ruling, the Tokyo High Court said the lack of provisions in the Civil Law and Family Register Law recognizing same-sex marriage had “no rational basis and was a form of legal discrimination based on sexual orientation.”

In March, the Sapporo High Court issued a landmark ruling that said the lack of same-sex marriage legal provisions was unconstitutional.

The Tokyo High Court based its ruling on Article 14 of the Constitution, which states that everyone is equal under the law, and the second paragraph of Article 24, which states that laws on marriage “shall be enacted from the standpoint of individual dignity.”

The Sapporo High Court in its March ruling for the first time touched upon the first paragraph of Article 24, which states that marriage shall be based only on the mutual consent of both sexes. The Sapporo High Court said the wording of consent of both sexes can also be interpreted to guarantee marriage for same-sex couples.

It also said the lack of legal provisions violated Article 14 and the second paragraph of Article 24.

But as in all other past cases, the Tokyo High Court rejected the plaintiffs’ claim for compensation from the central government.

While two high courts have now issued similar rulings, opinion at the district court level has been split. Rulings have been handed down by five district courts where same-sex couples have filed six separate lawsuits.

Two district courts said the lack of same-sex marriage provisions was unconstitutional, while three said the system was in a state of unconstitutionality.

One district court ruled the lack of such provisions was constitutional.

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