Court ruling falls short of calling Japanese same-sex marriage ban unconstitutional

A Japanese court has ruled the country's ban on same-sex marriage is "in a state of unconstitutionality" but fell short of stating it was unconstitutional - a decision that has clouded the debate over LGBTQ+ rights.

- Justin McCurry

Yesterday's Fukuoka district court ruling echoed a 2022 decision in Tokyo and is the fifth and final ruling awaited in the district court system.

The five district courts individually arrived at three conclusions in response to lawsuits by members of the LGBTQ+ community. Two have said the ban on same-sex marriage is unconstitutional; one has ruled it constitutional; and two have said it is “in a state of unconstitutionality”.

In 2022, a court in Osaka said the ban was in keeping with the postwar constitution, which defines marriage as based on “the mutual consent of both sexes”, while two others – in Sapporo and Nagoya – said the policy violated the constitution. Plaintiffs in the Sapporo, Osaka and Tokyo court cases have all appealed against the rulings after their damages claims were dismissed.

Yesterday, the Fukuoka court said current marriage laws were “in a state that violates” a section of article 24 of the constitution that refers to “individual dignity and equality of the sexes”, according to the Kyodo news agency.