In a landmark ruling, on October 30, 2024, the Tokyo High Court ruled that the law that allows marriages exclusively between people of different sexes was unconstitutional, identifying the presence of “unjustified discrimination” based on sexual orientation, in violation of the constitutional principles of equality and individual dignity.
To fully understand the significance of this ruling, it is necessary to place amazon database it within its historical, legal, and jurisprudential context. To date, Japan stands out as the only G7 country not to recognize any form of legal union for same-sex couples. This situation is particularly surprising, considering that, historically, sexual minorities have not been subject to explicit discrimination, as the predominant religions (Shintoism and Buddhism) have shown attitudes of tolerance towards them. The beginning of the Meiji era (1868-1912), with its push for “modernization,” marked a turning point in this attitude. Meiji era jurists, in analyzing Western-derived legal codes and provisions, particularly those of German and French origin, also incorporated the influence of Christian principles, which stigmatized sexual minorities, considering them sinful. A further change in the treatment of sexual minorities, also dating back to the Meiji period, was realized with the introduction of the koseki , or family register, still in force. This institution, based on a heteronormative family model , establishes a rigidly traditional family structure, which excludes the possibility of recognizing homosexual unions, creating a marked dissonance with contemporary social realities.
Although the 1947 Constitution introduced the principles of equality (art. 14), individual dignity (art. 13) and marital freedom (art. 24), the legislator has not yet introduced any form of union for homosexual couples. The main obstacle to such reform is the Liberal Democratic Party (PLD), a historically dominant political force , whose vision is rooted in a traditional concept of the family. The party, known for its conservatism, has often opposed attempts by opposition forces to introduce provisions to protect the LGBTQ+ minority, as demonstrated by the approval, on 16 June 2023, of the “ LGBT Understanding and Enhancement Act ”, a law considered by many to be insufficient. The result is a political system incapable of fully embracing the socio-cultural evolution of the country.