Will Japan legalise same sex marriage? Why is the country the only one in G7 to ban gay marriage?

A Japanese high court has ruled that denying same-sex marriage is unconstitutional

Japan is the only G7 country that does not allow same-sex marriage. However, two regions of the country have ruled the nation’s existing ban was “unconstitutional” and “discriminatory”, potentially paving the way for a change of law.

The court ruled in favour of plaintiffs, but did not grant their request for damages.

Why is same-sex marriage still not legal in Japan?

A participant holds up a placard as members of the LGBTQ community and supporters raise awareness on marriage equality in Japan on Valentine's Day in Tokyo this year. Picture: AFP via Getty Images

Some municipalities and prefectures in Japan will give same-sex partnership certificates, which provide some legal benefits. However, they are still not provided with equal legal recognition.

The government has come under pressure from the public in recent times to change the law, with up to 70 per cent of the population saying they support same-sex unions.

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What happened this week and will the law change?

Courts in Tokyo and Sapporo ruled the nation's ban was "unconstitutional". The Japanese government recently passed a law criminalising discrimination on the basis of sexuality. However, LGBTQ+ groups have said it does not go far enough.

Last week, the Sapporo court ruling said it was "strongly expected" that Parliament would at some point "institutionalise an appropriate same-sex marriage law", pointing to support from the Japanese public.

The court said: "Living in accordance with one's gender identity and sexual orientation is an inalienable right rooted in important person interests." It added: “Enacting same-sex marriage does not seem to cause disadvantages or harmful effects.”

What other countries do not allow same-sex marriage?

Japan is not an outlier in Asia. Most Asian countries – with the exception of Taiwan – do not allow same sex marriage.

A total of 36 countries worldwide do. One of the most recent to introduce a law allowing gay marriage is Greece, which last month voted to legalise same-sex marriage, becoming the first Christian Orthodox majority country to do so.

Meanwhile, last year Estonia's parliament voted in favour of marriage equality, becoming the first post-Soviet Union country to legalise same-sex marriage. The law came into effect on January 1.

Most eastern European countries still have not legalised gay marriage, including Romania, Bulgaria and Poland, where in December, the European Court of Human Rights said Poland had violated the right to respect for a private life by failing to offer legal recognition for same-sex couples.