Danica Davidson
October 30, 2024 
The Tokyo High Court has declared that Japan’s ban on same-sex marriage is unconstitutional. This is the same conclusion that the Sapporo High Court made in March 2024.
The Tokyo High Court ruling stated in part, “Matters related to marriage and family should take into account various factors, including state traditions and public sentiment. But even if you take that into consideration, there is no rational basis of distinguishing … whether or not they are entitled to legal benefits based on sexual orientation — a characteristic that cannot be chosen or changed at will.”
While the ruling goes after the ban, that’s not the same thing as the ruling outright legalizing same-sex marriage. It does, however, make it easier to reach that point, which excited plaintiffs in the case.
The plaintiffs also asked for damages for the discrimination they say they face. The Tokyo Court did not side with them on this, essentially saying that Japan’s Supreme Court would need to officially rule on same-sex marriage before anyone could think of receiving damages.
Haru Ono, a plaintiff in the case, was sad that plaintiff Ikuo Sato had passed away prior to the historic ruling. She noted, “Today, we brought a picture of Ikuo Sato, who filed a lawsuit with us. I really wished he could hear the verdict with us. While we are saying we want same-sex marriages to be allowed, a few of our friends have passed away. Therefore, we really want our wishes to be made into laws as soon as possible.”
Chizuka Oe, another plaintiff, remarked, “The presiding judge’s words flowed into my head and I realized that the judge took our arguments to heart. I am happy to be here today.”
Similar lawsuits from people wanting to legalize same-sex marriage have been filed in other parts of Japan as well.
Source: Kyodo News, The Japan Times
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Danica Davidson is the author of the bestselling Manga Art for Beginners with artist Melanie Westin, plus its sequel, Manga Art for Everyone, and the first-of-its-kind manga chalk book Chalk Art Manga, both illustrated by professional Japanese mangaka Rena Saiya. Check out her other comics and books at www.danicadavidson.com.
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