Two separate courts in Japan this week have deemed the nation’s ban on same sex marriage is “unconstitutional”.
Japan is the only G7 nation that still has not legalised same sex marriage, but two separate rulings from the Sapporo High Court on the northern island of Hokkaido and a district court in Tokyo could bring the nation one step closer to marriage equality.
According to reports, three couples who identify as LGBTQIA+ brought the case to a lower court in Japan about three years ago. At the time, the court found Japan’s same sex marriage ban was unconstitutional but denied the couples’ claims to compensation from the state for their suffering.
On Thursday, following an appeal to the Sapporo High Court, Judge Kiyofumi Saito made the same decision on the matter.
“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” Judge Saito told the court, according to reports.
“Allowing same-sex marriage creates no disadvantage or harm to anyone.”
While Judge Saito deemed the same sex marriage ban was vunconstitutional, the judge also denied the plaintiffs’ claim for compensation.
On the same day, the Tokyo District Court also ruled that Japan without marriage equality creates a “state of unconstitutionality”.
Although the Sapporo High Court does not have the power to amend the legislation that outlaws same sex marriage, the plaintiffs feel it brings the nation closer to change.
Eri Nakaya, one of the plaintiffs who spoke to reporters, said it was a “long-awaited” decision.
“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s OK just to be me,” she said.
“It was a long-awaited, delightful ruling which makes me cry.”
A 2019 poll from the Japan LGBT Research Institute found one in ten Japanese people identify as a sexual minority or as part of the LGBTQIA+ community.
According to a 2023 survey from Pew Research Centre, 68 per cent of the population are in favour of legalising same sex marriage.
Japan is not the only country to make steps towards equality. Last month, the Greek government voted in favour of legalising same sex marriage.
While the vote only required a simple majority from the 300 MPs, the vote to legalise marriage equality was overwhelmingly passed with a vote 176-76 in favour.
Greece’s prime minister Kyriakos Mitsotakis at the time said the changes to the law will “boldly abolish a serious inequality” in Greece.
The decision sparked fierce opposition from the Orthodox Church, but was welcomed by LGBTQIA+ advocacy organisations.
Greece is the first country in south-eastern Europe to have legal marriage equality.
According to the Human Rights Campaign Foundation, 36 countries have legalised same sex marriage, including Australia, where it became legal in 2017.
Greece and Estonia both legalised marriage equality in 2024, and Nepal is awaiting a Supreme Court ruling this month for its decision on same sex marriage.