Credit: Unsplash

The ruling was an important step for LGBT activists.

Despite being the world’s third-largest economy and fairly liberal compared to other Asian countries, Japan is the only G7 country that does not currently permit same-sex marriages. Article 24 of the country’s constitution defines marriage as requiring “mutual consent of both sexes,” which the government has used to implement a ban. However, that ban is now coming under increased scrutiny thanks to a Sapporo court.


The district court ruled today that banning same-sex marriages is a discriminatory, unconstitutional practice. While this ruling does not overturn the entire Japanese government, it has served as a major symbolic victory for Japanese LGBT activists.

“Sexual orientation cannot be changed or selected by a person’s will,” the ruling said. “It is discriminatory treatment … that they cannot receive even some of the legal benefits that heterosexuals do.”

Indeed, due to same-sex couples’ inability to marry, they are denied many important public services, such as maintaining parental rights or inheriting assets. Some couples have found legal loopholes to subvert some of these limitations such as filing for partnership certificates, but this is not a complete fix. This was why plaintiffs and activists present at the ruling flew rainbow flags afterward to celebrate.

“Its value is absolutely measureless,” said 44-year old Gon Matsunaka, director of activist group Marriage for All Japan and representative of Pride House Tokyo.

“Until the ruling was announced, we didn’t know this was what we’d get and I’m just overjoyed.”

Multiple similar cases are currently underway in various district courts around Japan. Activists are hoping that their victory in Sapporo will pave the way for more positive rulings, and eventually lead to genuine change. Japanese citizens, especially in metropolitan areas, seem to be on board with the idea of allowing same-sex marraiges.

“Japan has always been conservative, but these days things are becoming more open,” said 60-year old Tokyo resident Kyoko Enomoto. “I think it will open up a lot more from now on.”