The Sapporo High Court on Thursday ruled that a ban on same-sex marriage is unconstitutional, with strong phrasing that is expected to pressure the government and lawmakers for action.

It is the first time a high court has handed down a ruling that said Japan's ban on same-sex marriage is unconstitutional.

The high court judgment followed a similar ruling at the Tokyo District Court earlier on Thursday, which said that the ban on same-sex marriage is in a “state of unconstitutionality” due to the lack of legal protections for same-sex couples. The Tokyo court, however, stopped short of issuing a stronger “unconstitutional” verdict.

Sapporo High Court presiding Judge Kiyofumi Saito said allowing only heterosexual couples to marry lacks reasonable grounds, describing it as "discriminatory" and in violation of Article 14 of the Constitution, which enshrines the right to equality.

He used wording similar to a May 2021 Sapporo District Court judgment, which also described the government’s failure to implement legal measures as “discriminatory.”

Saito also pointed out that same-sex couples who cannot get married face significant disadvantages in legal protection and benefits. The court, however, rejected plaintiffs' claims for compensation.

The Sapporo ruling gave a boost to the plaintiffs and LGBTQ supporters, who burst out with joy in an online news conference broadcast live in Tokyo, with some of them tearing up upon hearing the news.

“I thought I was dreaming,” Takashi, one of the plaintiffs who wished to be referred to by a pseudonym in order to protect his privacy, said before his voice broke, unable to contain his tears. “I’m really glad I kept going.”

Ryosuke Kunimi, who also goes by a pseudonym for privacy reasons, said that it exceeded his expectations and added that he hopes that lawmakers will take action based on the judge’s decision.

As of Thursday, seven courts have issued verdicts over the constitutionality of the ban on same-sex marriages.

Three rulings, including the latest one by the Sapporo court, used the strongest phrase to describe the ban — that it is unconstitutional.

Three others, including the Tokyo ruling on Thursday, used a weaker phrase, describing the ban as being in a “state of unconstitutionality.”

Another handed down by the Osaka District Court declared the ban is constitutional.

In the Tokyo ruling on Thursday, presiding Judge Tomoyuki Tobisawa said that the fact that same-sex couples aren’t granted the same legal protection as married couples deprives them of their benefit to be respected as individuals and should be considered to be in an unconstitutional state under the Constitution, which stipulates the importance of individual dignity.

But the fact that there are no legal protections for them — which parliament has the authority to pass legislation on — would not immediately mean it is unconstitutional, for now, Tobisawa said.

“However, the fact that same-sex couples are not given any opportunity to be married ... is nothing but an obstacle to living a life in accordance with one's gender identity and sexual orientation," he said.

Tobisawa also said that recent international trends and the change in the Japanese people’s idea of marriage show that the traditional notion that only heterosexual couples should be allowed to marry is wavering.

But public surveys have shown that there are still many who are opposed to allowing same-sex couples to marry, the judge said.

Tobisawa rejected the plaintiffs’ demands for compensation.

Following the ruling, the plaintiffs said that they have mixed feelings about the judgment — that the court saw that the ban as being in a state of unconstitutionality and over how little significant progress has been made on the issue.

Shinya Yamagata, who has been involved in various forms of activism such as organizing parades to raise awareness about LGBTQ rights, also said it was disappointing that the ruling still brought up traditional views of marriage.

“How much more should I do to finally be recognized?” Yamagata said. “My honest feeling is that I can’t wait any longer.”

Currently, nearly 400 municipalities and prefectures have introduced partnership systems for same-sex couples, according to Marriage For All Japan, a group that advocates same-sex marriage. The partnership system grants them some benefits, such as allowing partners to offer consent in operations involving an unconscious patient but it doesn't grant legal protection and tax benefits to couples.