Fukuoka Court Rules Same-Sex Marriage Ban Unconstitutional
The Fukuoka High Court’s ruling declared Japan’s prohibition on same-sex marriage unconstitutional, citing violations of Articles 13 and 14 of the Constitution, which guarantee the pursuit of happiness and equality under the law, respectively. This marks the third high court to reach this conclusion, strengthening the momentum for legislative change. While the court upheld the lower court’s dismissal of plaintiffs’ damage claims, the decision significantly advances the legal recognition of same-sex relationships. The ruling contrasts with previous lower court decisions, some of which deemed the law to be in a “state of unconstitutionality,” highlighting the ongoing legal battle for marriage equality in Japan.
John Q. Hosedrinker