Same-Sex Marriage Cannot Be Barred by Laws, Rules Fukuoka High Court (Update 1)

The Yomiuri Shimbun

12:48 JST, December 13, 2024 (updated at 16:20 JST)

FUKUOKA — The Fukuoka High Court ruled Friday that provisions of the Civil Code and the Family Registration Law that do not allow same-sex marriage are unconstitutional.

The high court, presided over by Judge Takeshi Okada, handed down the ruling in a lawsuit filed by three same-sex couples in Fukuoka and Kumamoto. The plaintiffs asked the central government to pay ¥1 million in compensation.

The court ruled that the provisions violate Article 14, Paragraph 1 of the Constitution, which states that people “are equal under the law,” as well as Article 24, Paragraph 2, which calls for the enactment of laws based on individual dignity and the equality of the sexes. The court also found the provisions go against Article 13, which stipulates the right to “the pursuit of happiness.”

This is the first time that a violation of Article 13 has been recognized in such a lawsuits.

As did the Fukuoka District Court, the high court rejected the plaintiffs’ demand for compensation from the central government.

Since 2019, a total of six similar lawsuits have been filed with five district courts across the nation. This is the third such case handled by a high court, following those in Sapporo and Tokyo, in both of which laws barring same-sex marriage were ruled unconstitutional. At the district court level, such laws were ruled unconstitutional in two cases, were found to be in a state of unconstitutionality in three cases, and were ruled constitutional in one case.