Osaka High Court Rules Ban on Same-Sex Marriage Unconstitutional

Mar 26, 2025 | News On Japan

OSAKA - In an appeal case challenging the government's refusal to recognize same-sex marriage, the Osaka High Court ruled on March 25th that the current legal framework is unconstitutional, overturning a previous lower court decision.

The court stated that "a separate legal framework other than marriage would only create new discrimination," and concluded that the denial of marriage rights to same-sex couples violates the Constitution.

Chief Judge Kumiko Honda of the Osaka High Court declared, "The current situation, where same-sex marriage is not allowed, is an irrational system that significantly undermines individual dignity."

The high court rejected the earlier ruling, which had upheld the government's stance that "marriage is intended to protect men and women who bear and raise children." Instead, it emphasized that the institution of marriage is not inherently tied to the potential for natural reproduction, pointing out that it should be viewed separately from reproductive functions. Based on this reasoning, the court found the existing legal structure in violation of Article 24, Paragraph 2 of the Constitution.

Additionally, the court ruled that it also violates Article 14, which guarantees equality under the law, warning that "establishing a separate legal framework only for same-sex couples risks creating new forms of discrimination." This marks the fifth high court ruling in Japan declaring such a legal stance unconstitutional.

The government responded by stating it would "closely monitor the decision."

Source: KTV NEWS

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