Sapporo District Court Says Same-Sex Couple Should Have Legal Marriage Rights, Is A Step Forward For LGBTQ Rights

Sapporo same-sex marriage ruling

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On 17th March 2021, a Japanese court ruled for the first time that it’s unconstitutional for Japan to deprive same-sex couples of legal marriage rights – a decision that’s hailed widely as a monumental ruling. 

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Japan’s same-sex marriage ban deemed unconstitutional

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Image adapted from: ANNnewsCH

The Sapporo District Court recently ruled that Japan’s barring of same-sex marriage violates Article 14 of the Constitution of Japan, which stipulates equality for all before the law, condemning the discriminatory law. This marks a step forward for LGBTQ rights in Japan and many see it as a positive sign for change to come. 

Partnership Certificate
Image credit: Setagaya City

Currently, same-sex marriage is not legalised in Japan. Instead, “partnership certificates” (パートナーシップ証明書; paatonaashippu shōmeisho) are issued in select prefectures and municipalities to same-sex couples. 

Though the documents allow for some benefits, such as next-of-kin consent for medical treatment, the legal rights accorded are limited and by no means a replacement for a legal union. While the ruling by Sapporo District Court did not constitute the legalisation of same-sex marriage in Japan, it is no doubt a necessary first step to a more inclusive society. 

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Recent poll shows rising support for same-sex marriage

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Poll done by Asahi Shimbun
Image adapted from: Asahi Shimbun 

According to a recent nationwide poll conducted by Asahi Shimbun, it was revealed that 65% of the voters are in favour of legalising same-sex marriage, while 22% remain opposed. When compared to a similar poll done in 2015, where only 41% showed their allyship and 37% voiced their opposition, it is a notable shift in numbers. 

The article also indicates that a majority of Japanese people, particularly the younger ones, voted in favour of marriage equality, suggesting a growing acceptance of and a steady increase in support for LGBTQ rights in Japan.  

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Sapporo court’s same-sex marriage ruling

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Although there’s still much work that needs to be done to ensure equal rights for the LGBTQ community, here’s hoping that the ruling by the Sapporo District Court will be a catalyst for change for same-sex marriage rights in Japan. 

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Cover image adapted from: PR Times