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| Meta Title | Limited shift in public opinion on same-sex marriage in Japan |
| Meta Description | Despite a series of court rulings challenging Japan’s same-sex marriage ban, public opinion remains largely unmoved, writes Robert Nordström |
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| Boilerpipe Text | Despite a series of court rulings challenging Japan’s ban on same-sex marriage, public opinion remains largely unmoved.
Robert Nordström
presents evidence from new survey data which reveals the fleeting influence of judicial action in advancing LGBTQ rights in this conservative society
On 13 December 2024, the Fukuoka High Court ruled that Japan’s ban on
same-sex marriage was
unconstitutional
. This was the most clear-cut and stringent verdict ever made in support of same-sex marriage in the traditional and conservative East Asian country. Thus, the country seems to have taken another step towards marriage equality.
However, the ruling had little effect on Japanese attitudes towards same-sex marriage, as revealed by a survey I conducted in Fukuoka and surrounding prefectures over two weeks before and after the ruling. Through
PureSpectrum
, I asked 1,331 Japanese respondents, half before the ruling and half after, whether the judicial ruling on same-sex marriage would have influenced their support for introducing same-sex marriage. The results show that a positive effect on same-sex marriage lasted only a day after the ruling.
LGBTQ rights in Japan
Japan is currently the only G7 country that does not legally recognise same-sex couples. Recently, a
Pew Research report
showed that public opinion in Japan has become much more tolerant of sexual minorities. The report even claims that Japan is one of the most accommodating countries in the region. Nonetheless, Japan's government, led by the conservative Liberal Democratic Party (LDP), is reportedly
staunchly opposed
to legislating on this issue. To pursue marriage equality, activists have started using different methods, including judicial action, to achieve their goal of legalising same-sex marriage.
Activists in Japan have started taking judicial action to achieve their goal of legalising same-sex marriage
On
Valentine's Day 2019
, six same-sex couples from all around the country filed separate lawsuits against the Japanese government. According to
Marriage For All Japan
, the interest organisation coordinating the legal battle for same-sex marriage, the current ban on same-sex marriage is discriminatory and infringes on equality guaranteed by the Japanese constitution. Japan is not the first country in which activists have resorted to judicial courses of action to achieve marriage equality. Take, for example, the historic
Obergefell versus Hodges
decision in the United States in 2015.
The 13 December ruling in Fukuoka High Court
The recent ruling in Fukuoka is the eighth ruling among these cases so far. With the exception of the ruling by the
Osaka local court in 2022
, other courts have ruled that the current system is unconstitutional. Thus, we can consider the trend in court rulings to be the judicial system taking a consistent stance on the need for stronger legal protections for same-sex couples. The most recent High Court ruling in Fukuoka was the strongest one yet. It found the same-sex marriage ban unconstitutional under all three constitutional provisions as argued by the plaintiffs: the pursuit of happiness (article 13), equality (article 14), and freedom to marry (article 25). Previous rulings had found only violations of one or two of the constitutional provisions.
The most recent High Court ruling in Fukuoka found the same-sex marriage ban unconstitutional under three constitutional provisions
Public and media interest in this ruling was high. Major Japanese media websites such as YahooNews.jp and NHK News reported on the decision as their top story. Even LDP Prime Minister Ishiba was reported as having
expressed 'sympathy'
for the plight of same-sex couples after the ruling. The Google Trends data below shows that every time High Courts declare their verdicts on this issue, the rulings gather considerable attention, including the most recent Fukuoka decision. The news was widely covered by local broadcasting stations. We can therefore assume that in Fukuoka and surrounding prefectures, most (or at least a large proportion of) Japanese adults have heard about the ruling.
Daily Google Trends data for 'same-sex marriage' searches in Japan during 2024
Source:
Google Trends
However, the ruling's effect on public approval of same-sex marriage was much less impressive. In the initial hours, respondents strongly favouring same-sex marriage increased to 40% from 26% before the ruling. This effect had already dissipated within 24 hours of the verdict. The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling. As the graph below shows, even one day later, the effect was close to zero.
The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling, and had no lasting effect
We must thus conclude that the ruling had no lasting effect on public opinion. Knowledge about the ruling also seemed to fade quickly after the verdict. Many respondents were unaware the ruling had even occurred just a few days after the event. The number of respondents who were at least somewhat supportive of same-sex marriage was 68.4% compared with 72.6% in a 2019 poll conducted by
Marriage for All Japan
. This shows that previous rulings have also failed to produce long-term changes in public attitudes.
Daily approval for same-sex marriage in Kyushu region before and after the 13 December High Court ruling
Source: Original survey conducted by the author through
PureSpectrum
. The survey sampled 100 people per day from 6–9 December. The graph shows daily means and 95% confidence intervals.
The future of same-sex marriage in Japan
This recent episode in Japan is at odds with previous research on public opinion. Studies by
Andrew R. Flores and Scott Barclay
and
Margaret E. Tankard and Elizabeth Levy Paluck
showed judicial rulings to be instrumental in bringing about changes in the level of tolerance towards sexual minorities. The evidence from Japan shows that judicial action alone seems insufficient for influencing public opinion, especially in the long run.
Judicial rulings do sometimes trigger shifts in public attitudes toward social policies. However, in Japan, supporters of same-sex marriage have little reason to be optimistic. They must recognise that winning the ongoing legal battles may not influence broader societal attitudinal shifts. It is possible, of course, that knowledge of the court rulings has not yet reached enough of the populace to have a noticeable effect. It may also be the case that people do not yet see or understand the purpose of the lawsuits. As
several cases
are currently being appealed to the Japanese Supreme Court, we should continue to monitor the system.
This article presents the views of the author(s) and not necessarily those of the ECPR or the Editors of
The Loop
. |
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# Limited shift in public opinion on same-sex marriage in Japan
Despite a series of court rulings challenging Japan’s ban on same-sex marriage, public opinion remains largely unmoved. **Robert Nordström** presents evidence from new survey data which reveals the fleeting influence of judicial action in advancing LGBTQ rights in this conservative society
On 13 December 2024, the Fukuoka High Court ruled that Japan’s ban on [same-sex marriage was *unconstitutional*](https://english.kyodonews.net/news/2024/12/61f3ab4f1d92-update1-japan-high-court-rules-same-sex-marriage-ban-unconstitutional.html?phrase=park&words=). This was the most clear-cut and stringent verdict ever made in support of same-sex marriage in the traditional and conservative East Asian country. Thus, the country seems to have taken another step towards marriage equality.
However, the ruling had little effect on Japanese attitudes towards same-sex marriage, as revealed by a survey I conducted in Fukuoka and surrounding prefectures over two weeks before and after the ruling. Through [PureSpectrum](https://www.purespectrum.com/), I asked 1,331 Japanese respondents, half before the ruling and half after, whether the judicial ruling on same-sex marriage would have influenced their support for introducing same-sex marriage. The results show that a positive effect on same-sex marriage lasted only a day after the ruling.
## LGBTQ rights in Japan
Japan is currently the only G7 country that does not legally recognise same-sex couples. Recently, a [Pew Research report](https://www.pewresearch.org/short-reads/2023/11/27/how-people-around-the-world-view-same-sex-marriage/) showed that public opinion in Japan has become much more tolerant of sexual minorities. The report even claims that Japan is one of the most accommodating countries in the region. Nonetheless, Japan's government, led by the conservative Liberal Democratic Party (LDP), is reportedly [staunchly opposed](https://www.asahi.com/ajw/articles/15472374) to legislating on this issue. To pursue marriage equality, activists have started using different methods, including judicial action, to achieve their goal of legalising same-sex marriage.
> Activists in Japan have started taking judicial action to achieve their goal of legalising same-sex marriage
On [Valentine's Day 2019](https://mainichi.jp/english/articles/20190204/p2a/00m/0na/022000c), six same-sex couples from all around the country filed separate lawsuits against the Japanese government. According to [Marriage For All Japan](https://www.marriageforall.jp/en/marriage-equality/why/), the interest organisation coordinating the legal battle for same-sex marriage, the current ban on same-sex marriage is discriminatory and infringes on equality guaranteed by the Japanese constitution. Japan is not the first country in which activists have resorted to judicial courses of action to achieve marriage equality. Take, for example, the historic [Obergefell versus Hodges](https://en.wikipedia.org/wiki/Obergefell_v._Hodges) decision in the United States in 2015.
## The 13 December ruling in Fukuoka High Court
The recent ruling in Fukuoka is the eighth ruling among these cases so far. With the exception of the ruling by the [Osaka local court in 2022](https://www.bbc.co.uk/news/world-asia-61670667), other courts have ruled that the current system is unconstitutional. Thus, we can consider the trend in court rulings to be the judicial system taking a consistent stance on the need for stronger legal protections for same-sex couples. The most recent High Court ruling in Fukuoka was the strongest one yet. It found the same-sex marriage ban unconstitutional under all three constitutional provisions as argued by the plaintiffs: the pursuit of happiness (article 13), equality (article 14), and freedom to marry (article 25). Previous rulings had found only violations of one or two of the constitutional provisions.
> The most recent High Court ruling in Fukuoka found the same-sex marriage ban unconstitutional under three constitutional provisions
Public and media interest in this ruling was high. Major Japanese media websites such as YahooNews.jp and NHK News reported on the decision as their top story. Even LDP Prime Minister Ishiba was reported as having [expressed 'sympathy'](https://www.asahi.com/ajw/articles/15553727) for the plight of same-sex couples after the ruling. The Google Trends data below shows that every time High Courts declare their verdicts on this issue, the rulings gather considerable attention, including the most recent Fukuoka decision. The news was widely covered by local broadcasting stations. We can therefore assume that in Fukuoka and surrounding prefectures, most (or at least a large proportion of) Japanese adults have heard about the ruling.
#### Daily Google Trends data for 'same-sex marriage' searches in Japan during 2024

Source: [Google Trends](https://trends.google.com/trends/explore?date=today%201-m&geo=JP&q=%E5%90%8C%E6%80%A7%E5%A9%9A&hl=fi)
However, the ruling's effect on public approval of same-sex marriage was much less impressive. In the initial hours, respondents strongly favouring same-sex marriage increased to 40% from 26% before the ruling. This effect had already dissipated within 24 hours of the verdict. The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling. As the graph below shows, even one day later, the effect was close to zero.
> The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling, and had no lasting effect
We must thus conclude that the ruling had no lasting effect on public opinion. Knowledge about the ruling also seemed to fade quickly after the verdict. Many respondents were unaware the ruling had even occurred just a few days after the event. The number of respondents who were at least somewhat supportive of same-sex marriage was 68.4% compared with 72.6% in a 2019 poll conducted by [Marriage for All Japan](https://www.marriageforall.jp/wp-content/uploads/2020/06/20200215preliminaryreportishidaiwamotokamano.pdf). This shows that previous rulings have also failed to produce long-term changes in public attitudes.
#### Daily approval for same-sex marriage in Kyushu region before and after the 13 December High Court ruling

Source: Original survey conducted by the author through [PureSpectrum](https://www.purespectrum.com/). The survey sampled 100 people per day from 6–9 December. The graph shows daily means and 95% confidence intervals.
## The future of same-sex marriage in Japan
This recent episode in Japan is at odds with previous research on public opinion. Studies by [Andrew R. Flores and Scott Barclay](https://journals.sagepub.com/doi/10.1177/1065912915621175) and [Margaret E. Tankard and Elizabeth Levy Paluck](https://journals.sagepub.com/doi/abs/10.1177/0956797617709594) showed judicial rulings to be instrumental in bringing about changes in the level of tolerance towards sexual minorities. The evidence from Japan shows that judicial action alone seems insufficient for influencing public opinion, especially in the long run.
Judicial rulings do sometimes trigger shifts in public attitudes toward social policies. However, in Japan, supporters of same-sex marriage have little reason to be optimistic. They must recognise that winning the ongoing legal battles may not influence broader societal attitudinal shifts. It is possible, of course, that knowledge of the court rulings has not yet reached enough of the populace to have a noticeable effect. It may also be the case that people do not yet see or understand the purpose of the lawsuits. As [several cases](https://news.yahoo.co.jp/articles/b7703329e34659df9e60f04a53bc7d6c4735223e) are currently being appealed to the Japanese Supreme Court, we should continue to monitor the system.
This article presents the views of the author(s) and not necessarily those of the ECPR or the Editors of *The Loop*.

[equal marriage](https://theloop.ecpr.eu/tag/equal-marriage/)[Japan](https://theloop.ecpr.eu/tag/japan/)[judicial politics](https://theloop.ecpr.eu/tag/judicial-politics/)[LGBTQ rights](https://theloop.ecpr.eu/tag/lgbtq-rights/)[public opinion](https://theloop.ecpr.eu/tag/public-opinion/)[same-sex marriage](https://theloop.ecpr.eu/tag/same-sex-marriage-2/)
## Author

Robert Nordström
Research Associate, School of Political Science and Economics (SPSE), Waseda University
Robert specialises in gender, LGBTQ+ issues, local politics, electoral systems, and public opinion.
His research examines how uncontested and uncompetitive elections influence democratic quality in Japan, focusing on legislators’ behaviour, fiscal outcomes, and voter trust.
Robert also explores how gender disparities shape the content and priorities of Japanese local politics and the societal and political dynamics surrounding LGBTQ+ rights, including same-sex marriage.
Through his work, he aims to provide new insights into the intersections of gender, representation, and democracy in Japan.
[Personal website](https://robertnordstrom.jp/)
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# Limited shift in public opinion on same-sex marriage in Japan
by Robert Nordström, The Loop
February 10, 2025
\<h1\>Limited shift in public opinion on same-sex marriage in Japan\</h1\> \<p class="byline"\>by Robert Nordström, The Loop \<br\>February 10, 2025\</p\> \<p class="has-medium-font-size"\>Despite a series of court rulings challenging Japan’s ban on same-sex marriage, public opinion remains largely unmoved. \<strong\>Robert Nordström\</strong\> presents evidence from new survey data which reveals the fleeting influence of judicial action in advancing LGBTQ rights in this conservative society\</p\> \<p\>On 13 December 2024, the Fukuoka High Court ruled that Japan’s ban on \<a href="https://english.kyodonews.net/news/2024/12/61f3ab4f1d92-update1-japan-high-court-rules-same-sex-marriage-ban-unconstitutional.html?phrase=park\&words="\>same-sex marriage was \<em\>unconstitutional\</em\>\</a\>. This was the most clear-cut and stringent verdict ever made in support of same-sex marriage in the traditional and conservative East Asian country. Thus, the country seems to have taken another step towards marriage equality.\</p\> \<p\>However, the ruling had little effect on Japanese attitudes towards same-sex marriage, as revealed by a survey I conducted in Fukuoka and surrounding prefectures over two weeks before and after the ruling. Through \<a href="https://www.purespectrum.com/"\>PureSpectrum\</a\>, I asked 1,331 Japanese respondents, half before the ruling and half after, whether the judicial ruling on same-sex marriage would have influenced their support for introducing same-sex marriage. The results show that a positive effect on same-sex marriage lasted only a day after the ruling.\</p\> \<h2 class="wp-block-heading" id="h-lgbtq-rights-in-japan"\>LGBTQ rights in Japan\</h2\> \<p\>Japan is currently the only G7 country that does not legally recognise same-sex couples. Recently, a \<a href="https://www.pewresearch.org/short-reads/2023/11/27/how-people-around-the-world-view-same-sex-marriage/"\>Pew Research report\</a\> showed that public opinion in Japan has become much more tolerant of sexual minorities. The report even claims that Japan is one of the most accommodating countries in the region. Nonetheless, Japan's government, led by the conservative Liberal Democratic Party (LDP), is reportedly \<a href="https://www.asahi.com/ajw/articles/15472374"\>staunchly opposed\</a\> to legislating on this issue. To pursue marriage equality, activists have started using different methods, including judicial action, to achieve their goal of legalising same-sex marriage.\</p\> \<blockquote class="wp-block-quote"\> \<p\>Activists in Japan have started taking judicial action to achieve their goal of legalising same-sex marriage\</p\> \</blockquote\> \<p\>On \<a href="https://mainichi.jp/english/articles/20190204/p2a/00m/0na/022000c"\>Valentine's Day 2019\</a\>, six same-sex couples from all around the country filed separate lawsuits against the Japanese government. According to \<a href="https://www.marriageforall.jp/en/marriage-equality/why/"\>Marriage For All Japan\</a\>, the interest organisation coordinating the legal battle for same-sex marriage, the current ban on same-sex marriage is discriminatory and infringes on equality guaranteed by the Japanese constitution. Japan is not the first country in which activists have resorted to judicial courses of action to achieve marriage equality. Take, for example, the historic \<a href="https://en.wikipedia.org/wiki/Obergefell\_v.\_Hodges"\>Obergefell versus Hodges\</a\> decision in the United States in 2015.\</p\> \<h2 class="wp-block-heading" id="h-the-13-december-ruling-in-fukuoka-high-court"\>The 13 December ruling in Fukuoka High Court\</h2\> \<p\>The recent ruling in Fukuoka is the eighth ruling among these cases so far. With the exception of the ruling by the \<a href="https://www.bbc.co.uk/news/world-asia-61670667"\>Osaka local court in 2022\</a\>, other courts have ruled that the current system is unconstitutional. Thus, we can consider the trend in court rulings to be the judicial system taking a consistent stance on the need for stronger legal protections for same-sex couples. The most recent High Court ruling in Fukuoka was the strongest one yet. It found the same-sex marriage ban unconstitutional under all three constitutional provisions as argued by the plaintiffs: the pursuit of happiness (article 13), equality (article 14), and freedom to marry (article 25). Previous rulings had found only violations of one or two of the constitutional provisions.\</p\> \<blockquote class="wp-block-quote"\> \<p\>The most recent High Court ruling in Fukuoka found the same-sex marriage ban unconstitutional under three constitutional provisions\</p\> \</blockquote\> \<p\>Public and media interest in this ruling was high. Major Japanese media websites such as YahooNews.jp and NHK News reported on the decision as their top story. Even LDP Prime Minister Ishiba was reported as having \<a href="https://www.asahi.com/ajw/articles/15553727"\>expressed 'sympathy'\</a\> for the plight of same-sex couples after the ruling. The Google Trends data below shows that every time High Courts declare their verdicts on this issue, the rulings gather considerable attention, including the most recent Fukuoka decision. The news was widely covered by local broadcasting stations. We can therefore assume that in Fukuoka and surrounding prefectures, most (or at least a large proportion of) Japanese adults have heard about the ruling.\</p\> \<h4 class="wp-block-heading" id="h-daily-google-trends-data-for-same-sex-marriage-searches-in-japan-during-2024"\>Daily Google Trends data for 'same-sex marriage' searches in Japan during 2024\</h4\> \<figure class="wp-block-image size-large"\>\<img src="https://theloop.ecpr.eu/wp-content/uploads/2025/01/Nordstrom-fig-1-1024x1024.png" alt="" class="wp-image-20807"\>\<figcaption class="wp-element-caption"\>Source: \<a href="https://trends.google.com/trends/explore?date=today%201-m\&geo=JP\&q=%E5%90%8C%E6%80%A7%E5%A9%9A\&hl=fi"\>Google Trends\</a\>\</figcaption\>\</figure\> \<p\>However, the ruling's effect on public approval of same-sex marriage was much less impressive. In the initial hours, respondents strongly favouring same-sex marriage increased to 40% from 26% before the ruling. This effect had already dissipated within 24 hours of the verdict. The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling. As the graph below shows, even one day later, the effect was close to zero.\</p\> \<blockquote class="wp-block-quote"\> \<p\>The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling, and had no lasting effect\</p\> \</blockquote\> \<p\>We must thus conclude that the ruling had no lasting effect on public opinion. Knowledge about the ruling also seemed to fade quickly after the verdict. Many respondents were unaware the ruling had even occurred just a few days after the event. The number of respondents who were at least somewhat supportive of same-sex marriage was 68.4% compared with 72.6% in a 2019 poll conducted by \<a href="https://www.marriageforall.jp/wp-content/uploads/2020/06/20200215preliminaryreportishidaiwamotokamano.pdf"\>Marriage for All Japan\</a\>. This shows that previous rulings have also failed to produce long-term changes in public attitudes.\</p\> \<h4 class="wp-block-heading" id="h-daily-approval-for-same-sex-marriage-in-kyushu-region-before-and-after-the-13-december-high-court-ruling"\>Daily approval for same-sex marriage in Kyushu region before and after the 13 December High Court ruling\</h4\> \<figure class="wp-block-image size-large"\>\<img src="https://theloop.ecpr.eu/wp-content/uploads/2025/01/Nordstrom-fig-2-1024x1024.png" alt="" class="wp-image-20808"\>\<figcaption class="wp-element-caption"\>Source: Original survey conducted by the author through \<a href="https://www.purespectrum.com/"\>PureSpectrum\</a\>. The survey sampled 100 people per day from 6–9 December. The graph shows daily means and 95% confidence intervals.\</figcaption\>\</figure\> \<h2 class="wp-block-heading" id="h-the-future-of-same-sex-marriage-in-japan"\>The future of same-sex marriage in Japan\</h2\> \<p\>This recent episode in Japan is at odds with previous research on public opinion. Studies by \<a href="https://journals.sagepub.com/doi/10.1177/1065912915621175"\>Andrew R. Flores and Scott Barclay\</a\> and \<a href="https://journals.sagepub.com/doi/abs/10.1177/0956797617709594"\>Margaret E. Tankard and Elizabeth Levy Paluck\</a\> showed judicial rulings to be instrumental in bringing about changes in the level of tolerance towards sexual minorities. The evidence from Japan shows that judicial action alone seems insufficient for influencing public opinion, especially in the long run.\</p\> \<p\>Judicial rulings do sometimes trigger shifts in public attitudes toward social policies. However, in Japan, supporters of same-sex marriage have little reason to be optimistic. They must recognise that winning the ongoing legal battles may not influence broader societal attitudinal shifts. It is possible, of course, that knowledge of the court rulings has not yet reached enough of the populace to have a noticeable effect. It may also be the case that people do not yet see or understand the purpose of the lawsuits. As \<a href="https://news.yahoo.co.jp/articles/b7703329e34659df9e60f04a53bc7d6c4735223e"\>several cases\</a\> are currently being appealed to the Japanese Supreme Court, we should continue to monitor the system.\</p\> \<p\>This \<a target="\_blank" href="https://theloop.ecpr.eu/limited-shift-in-public-opinion-on-same-sex-marriage-in-japan/"\>article\</a\> was originally published at \<a target="\_blank" href="https://theloop.ecpr.eu"\>The Loop\</a\> and is republished here under a Creative Commons license.\<img id="republication-tracker-tool-source" src="https://theloop.ecpr.eu/?republication-pixel=true\&post=20806\&ga=" style="max-width:200px"\>\</p\>
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| Readable Markdown | Despite a series of court rulings challenging Japan’s ban on same-sex marriage, public opinion remains largely unmoved. **Robert Nordström** presents evidence from new survey data which reveals the fleeting influence of judicial action in advancing LGBTQ rights in this conservative society On 13 December 2024, the Fukuoka High Court ruled that Japan’s ban on [same-sex marriage was *unconstitutional*](https://english.kyodonews.net/news/2024/12/61f3ab4f1d92-update1-japan-high-court-rules-same-sex-marriage-ban-unconstitutional.html?phrase=park&words=). This was the most clear-cut and stringent verdict ever made in support of same-sex marriage in the traditional and conservative East Asian country. Thus, the country seems to have taken another step towards marriage equality. However, the ruling had little effect on Japanese attitudes towards same-sex marriage, as revealed by a survey I conducted in Fukuoka and surrounding prefectures over two weeks before and after the ruling. Through [PureSpectrum](https://www.purespectrum.com/), I asked 1,331 Japanese respondents, half before the ruling and half after, whether the judicial ruling on same-sex marriage would have influenced their support for introducing same-sex marriage. The results show that a positive effect on same-sex marriage lasted only a day after the ruling. LGBTQ rights in Japan Japan is currently the only G7 country that does not legally recognise same-sex couples. Recently, a [Pew Research report](https://www.pewresearch.org/short-reads/2023/11/27/how-people-around-the-world-view-same-sex-marriage/) showed that public opinion in Japan has become much more tolerant of sexual minorities. The report even claims that Japan is one of the most accommodating countries in the region. Nonetheless, Japan's government, led by the conservative Liberal Democratic Party (LDP), is reportedly [staunchly opposed](https://www.asahi.com/ajw/articles/15472374) to legislating on this issue. To pursue marriage equality, activists have started using different methods, including judicial action, to achieve their goal of legalising same-sex marriage. Activists in Japan have started taking judicial action to achieve their goal of legalising same-sex marriage On [Valentine's Day 2019](https://mainichi.jp/english/articles/20190204/p2a/00m/0na/022000c), six same-sex couples from all around the country filed separate lawsuits against the Japanese government. According to [Marriage For All Japan](https://www.marriageforall.jp/en/marriage-equality/why/), the interest organisation coordinating the legal battle for same-sex marriage, the current ban on same-sex marriage is discriminatory and infringes on equality guaranteed by the Japanese constitution. Japan is not the first country in which activists have resorted to judicial courses of action to achieve marriage equality. Take, for example, the historic [Obergefell versus Hodges](https://en.wikipedia.org/wiki/Obergefell_v._Hodges) decision in the United States in 2015. The 13 December ruling in Fukuoka High Court The recent ruling in Fukuoka is the eighth ruling among these cases so far. With the exception of the ruling by the [Osaka local court in 2022](https://www.bbc.co.uk/news/world-asia-61670667), other courts have ruled that the current system is unconstitutional. Thus, we can consider the trend in court rulings to be the judicial system taking a consistent stance on the need for stronger legal protections for same-sex couples. The most recent High Court ruling in Fukuoka was the strongest one yet. It found the same-sex marriage ban unconstitutional under all three constitutional provisions as argued by the plaintiffs: the pursuit of happiness (article 13), equality (article 14), and freedom to marry (article 25). Previous rulings had found only violations of one or two of the constitutional provisions. The most recent High Court ruling in Fukuoka found the same-sex marriage ban unconstitutional under three constitutional provisions Public and media interest in this ruling was high. Major Japanese media websites such as YahooNews.jp and NHK News reported on the decision as their top story. Even LDP Prime Minister Ishiba was reported as having [expressed 'sympathy'](https://www.asahi.com/ajw/articles/15553727) for the plight of same-sex couples after the ruling. The Google Trends data below shows that every time High Courts declare their verdicts on this issue, the rulings gather considerable attention, including the most recent Fukuoka decision. The news was widely covered by local broadcasting stations. We can therefore assume that in Fukuoka and surrounding prefectures, most (or at least a large proportion of) Japanese adults have heard about the ruling. Daily Google Trends data for 'same-sex marriage' searches in Japan during 2024  Source: [Google Trends](https://trends.google.com/trends/explore?date=today%201-m&geo=JP&q=%E5%90%8C%E6%80%A7%E5%A9%9A&hl=fi) However, the ruling's effect on public approval of same-sex marriage was much less impressive. In the initial hours, respondents strongly favouring same-sex marriage increased to 40% from 26% before the ruling. This effect had already dissipated within 24 hours of the verdict. The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling. As the graph below shows, even one day later, the effect was close to zero. The ruling seemed to affect public opinion regarding same-sex marriage only in the immediate aftermath of the ruling, and had no lasting effect We must thus conclude that the ruling had no lasting effect on public opinion. Knowledge about the ruling also seemed to fade quickly after the verdict. Many respondents were unaware the ruling had even occurred just a few days after the event. The number of respondents who were at least somewhat supportive of same-sex marriage was 68.4% compared with 72.6% in a 2019 poll conducted by [Marriage for All Japan](https://www.marriageforall.jp/wp-content/uploads/2020/06/20200215preliminaryreportishidaiwamotokamano.pdf). This shows that previous rulings have also failed to produce long-term changes in public attitudes. Daily approval for same-sex marriage in Kyushu region before and after the 13 December High Court ruling  Source: Original survey conducted by the author through [PureSpectrum](https://www.purespectrum.com/). The survey sampled 100 people per day from 6–9 December. The graph shows daily means and 95% confidence intervals. The future of same-sex marriage in Japan This recent episode in Japan is at odds with previous research on public opinion. Studies by [Andrew R. Flores and Scott Barclay](https://journals.sagepub.com/doi/10.1177/1065912915621175) and [Margaret E. Tankard and Elizabeth Levy Paluck](https://journals.sagepub.com/doi/abs/10.1177/0956797617709594) showed judicial rulings to be instrumental in bringing about changes in the level of tolerance towards sexual minorities. The evidence from Japan shows that judicial action alone seems insufficient for influencing public opinion, especially in the long run. Judicial rulings do sometimes trigger shifts in public attitudes toward social policies. However, in Japan, supporters of same-sex marriage have little reason to be optimistic. They must recognise that winning the ongoing legal battles may not influence broader societal attitudinal shifts. It is possible, of course, that knowledge of the court rulings has not yet reached enough of the populace to have a noticeable effect. It may also be the case that people do not yet see or understand the purpose of the lawsuits. As [several cases](https://news.yahoo.co.jp/articles/b7703329e34659df9e60f04a53bc7d6c4735223e) are currently being appealed to the Japanese Supreme Court, we should continue to monitor the system.
This article presents the views of the author(s) and not necessarily those of the ECPR or the Editors of *The Loop*.
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