A high court in southwestern Japan has ruled that the lack of legal recognition of same-sex marriage is unconstitutional. This is the first judgment to cite Article 13 of the Constitution, which guarantees the right to the pursuit of happiness, as a reason.

The Fukuoka High Court on Friday ruled in a lawsuit filed by three same-sex couples who claim the legal framework barring them from marrying violates the constitution. They also demand that the state pay compensation.

In June 2023, the Fukuoka District Court ruled that the legal framework is “in a state of unconstitutionality”, but rejected the damages claims. The plaintiff appealed.

Presiding Judge Okada Takeshi said the lack of a legal framework for same-sex marriage denies people who choose same-sex partners a path to pursue happiness.

He also said there is no longer any reason not to legally recognize marriage between same-sex couples. He strongly urged the state to create a legal framework that would enable them to marry.

He said the current situation also violates Article 14 of the constitution, which states that “all men are equal under the law” and Article 24, which guarantees “individual dignity and fundamental equality between the sexes.”

Okada added that the state of unconstitutionality will not be resolved unless same-sex couples have the same marital status as heterosexual people.

But he rejected the claim for damages and said that the Supreme Court has not given its position on the matter.

Six lawsuits have been filed in five locations in Japan by people who want to legalize same-sex marriage.

All three Supreme Court judgments handed down so far have found the current legal framework unconstitutional.