In the first ruling by an appeals court on a matter that has divided the lower levels of the judiciary, a bar on same-sex marriage by Japan has been declared unconstitutional by the High Court on Thursday.
It is the first time a high court has handed down such a ruling. Japan stands alone among Group of Seven nations in lacking legal protection for same-sex unions, a situation that clashes with the support of 70% of the public but faces opposition from the conservative Liberal Democratic Party led by Prime Minister Fumio Kishida.
Amid this backdrop, the plaintiffs are contemplating appealing to the Supreme Court to challenge the constitutionality of existing laws, as stated by lawyer Tsunamori Fumiyasu during a press conference.
Meanwhile, the government is closely monitoring forthcoming court decisions on the issue, according to top spokesperson Yoshimasa Hayashi.
The debate over the same-sex marriage ban has divided lower courts, with some district courts deeming it constitutional while others declare it unconstitutional to varying extents.
In a recent ruling, the Tokyo district court described Japan’s lack of recognition of same-sex marriage as “a state of unconstitutionality,” using language less forceful than previous rulings on similar lawsuits.
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