Photo/Illutration Plaintiffs’ lawyers and supporters express joy in front of the Nagoya High Court on March 7, holding a banner that reads “High Court also rules unconstitutional.” (Tadashi Mizowaki)

NAGOYA—The Nagoya High Court on March 7 ruled that provisions of the Civil Code and the Family Register Law that do not recognize same-sex marriage are unconstitutional.

Presiding Judge Nobuhiro Katada, citing the first paragraph of Article 14 and the second paragraph of Article 24 in the Constitution, said, “Excluding same-sex couples from legal marriage lacks a reasonable basis and constitutes unlawful discrimination.”

The declaration comes after a same-sex couple in Aichi Prefecture sued the government, seeking compensation.

However, the high court did not find the government liable for compensation.

It defined the essence of marriage as “two individuals living together with the aim of forming a lasting psychological connection” and concluded that “same-sex couples are equally capable of this.”

The court said that preventing same-sex couples from accessing legal marriage constitutes legal discrimination based on sexual orientation.

It cited the first paragraph of Article 14 that stipulates equality under the law, and the second paragraph of Article 24 covering laws regarding marriage and family.

The court further noted that the lack of access to legal marriage could cause serious issues for the life, health and well-being of children being raised by same-sex couples, particularly in medical situations since only legally recognized family members can accompany or visit patients in certain cases.

It also pointed out that using alternative systems, such as partnership certificates, instead of extending the right to legal marriage carries the risk of privacy violations, as it may force individuals to disclose their sexual orientation.

Despite this, the court denied the government’s liability for compensation, saying that lawmakers cannot be considered to have long neglected taking legislative action because awareness over the need to legalize same-sex marriage is both recent and rapidly increasing. 

The plaintiffs, using the pseudonyms Akikazu Takami and Toshimasa Ono, are both in their 30s and filed the lawsuit with the Nagoya District Court in 2019.

The 2023 district court ruling found that the same-sex marriage ban violated the first paragraph of Article 14.

It also became the first ruling in similar lawsuits to find a violation of the second paragraph of Article 24.

However, it did not find a violation of the first paragraph of Article 24, which stipulates that marriage is “based only on the mutual consent of both sexes.”

Six similar lawsuits have been filed in five district courts across Japan, and high courts in Sapporo, Tokyo and Fukuoka have also ruled that the lack of legal provisions for same-sex marriage is unconstitutional.

In this series of cases, the Sapporo High Court was the first to rule that same-sex marriage denial violated the first paragraph of Article 24 in March 2024.

In December of the same year, the Fukuoka High Court declared this unconstitutional, citing a violation of Article 13 that guarantees the right to pursue happiness.

The Osaka High Court is set to deliver its ruling on March 25.

(This article was written by Kyoka Watanabe and Toshinari Takahashi.)

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