The Nagoya High Court on Friday upheld a lower court ruling that said not recognizing same-sex marriage violates the Constitution.

This marks the fourth high court ruling in Japan on same-sex marriage, following decisions in Sapporo, Tokyo and Fukuoka. The previous three rulings found the current legal provisions are unconstitutional, citing Article 14, which guarantees equality under the law, and Article 24, Paragraph 2, which calls for marriage laws to be based on individual dignity.

The case was brought by a same-sex couple residing in Aichi Prefecture, who sued the government for damages, claiming that the denial of same-sex marriage is unconstitutional. The plaintiffs sought ?1 million ($6,800) per person in damages.

Presiding Judge Nobuhiro Katada ruled that the current legal provisions constitute ¡°legal discrimination based on sexual orientation without a rational basis,¡± violating Article 14, Paragraph 1, and Article 24, Paragraph 2. However, the court dismissed the claim for damages.

The ruling did not comment on whether not recognizing same-sex marriage violates the Constitution¡¯s Article 24, Paragraph 1, which guarantees freedom of marriage.

The plaintiffs¡¯ lawyer, Asato Yamada, called the ruling ¡°highly commendable and a step forward from the district court¡¯s verdict¡± for saying that the inability to access the legal marriage system is unconstitutional.

One of the plaintiffs, Akikazu Takami, a pseudonym, commended the ruling, saying that ¡°it was a meaningful step forward¡± in a news conference.

¡°I was especially pleased that the court took into account the statements we made, including our experience raising a foster child and our perspective on parenting. It truly conveyed that the judges approached the case with sincerity and thoughtfully wrote their ruling, which I deeply appreciate,¡± he said.

In the initial verdict, the Nagoya District Court ruled in May 2023 that the lack of a framework to officially recognize and appropriately protect same-sex couples through the national legal system violates Article 24, Paragraph 2, and Article 14, Paragraph 1, of the Constitution.