• On November 30, 2022, in Tokyo, Japan, plaintiffs, attorneys, and supporters marched to the court to protest the same-sex marriage decision.
• Only Japan, a member of the G7, forbids same-sex unions, and according to its constitution, marriage must be “based on the mutual consent of both sexes.”
• Currently, Japan forbids same-sex couples from getting married or inheriting each other’s property.

On Wednesday, a Tokyo court found that the prohibition on same-sex marriage was constitutional but that same-sex families’ lack of legal protection infringed their human rights. Plaintiffs applauded the decision as a step toward bringing Japan into line with other G7 countries.

Only Japan, a member of the G7, forbids same-sex unions, and according to its constitution, marriage must be “based on the mutual consent of both sexes.” Even though a few of its top members are in favour of same-sex unions, the government of Prime Minister Fumio Kishida has not yet shown any plans to examine the issue or introduce legislation.

The Tokyo District Court’s decision on Wednesday stated that while the ban was constitutional, same-sex families’ human rights were being violated because there is no legal framework in place to safeguard them.

One of the attorneys engaged in the lawsuit, Nobuhito Sawasaki, called the decision “quite favourable.”

The verdict upheld the fact that marriage is still between a man and a woman, but it also suggested that something should be done about the fact that same-sex families are currently not legally protected.

The 2021 ruling in the city of Sapporo had raised hopes when it found the ban on same-sex marriage unconstitutional, while one in the city of Osaka in June found the opposite. The Tokyo ruling, which was already influential because of the capital’s outsized influence on the rest of Japan, had been eagerly anticipated.

Currently, Japan forbids same-sex couples from getting married, inheriting each other’s property, including any homes they may have cohabited, and granting them any parental rights to each other’s offspring.

Despite the fact that Tokyo and roughly 60% of the rest of Japan are now covered by partnership certificates from municipalities, same-sex couples do not receive the same rights as heterosexual couples.

The eight plaintiffs claimed that the prohibition violated their human rights and sought $7,200 in damages, but the court denied their request.

However, the group, which after the verdict was delivered raised a flag outside the courthouse reading “A step forward for Marriage Equality,” claimed they were inspired.

Katsu, a male complainant who only supplied his first name, stated, “There were parts of this that were disheartening, but portions of it gave me hope.”

The decision was made a day after Singapore removed its ban on gay sex but lowered the chances of same-sex marriage becoming legal in the US Senate and Singapore.

Although it is unlikely to happen soon, campaigners and attorneys are hopeful that a growing body of court rulings in favour of same-sex marriage will eventually put pressure on politicians to reform the Japanese system. Currently, two additional cases are pending at courts in central and western Japan.

International companies’ access to talent has been restricted as a result, a condition that has been highlighted and called for change by organisations like the American Chamber of Commerce in Japan.

They don’t see anything in Japan when they consider their futures. As a result, many relocate to nations with friendlier laws, like as the United States, according to Masa Yanagisawa, head of prime services at Goldman Sachs and a supporter of the activist group Marriage for all Japan.

“We have invested in this person to have a senior job, yet they move… The social system causes all that talent to leave the country.

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