Events
September 2025 Workshop
From Obergefell to Osaka: Comparative Constitutionalism and Judicial Pathways to Marriage Equality in Japan and the United States
Time: Friday, September 26, 2025, from 5:00 PM to 6:30 PM (JST)
Venue: DAICEL Studio, 1st floor of Science Commons Bld. (Center for Education in Liberal Arts and Sciences), Osaka University Toyonaka Campus (and online via Zoom)
Languages: Presentation will be in English. Comments and Discussion will be in both English and Japanese
Registration: Please register from the URL or QR code on the flyer.
https://forms.office.com/r/5s6GTpMdv7
【Presenters】
Brandon Marc Takashi Higa（ Attorney & Lecturer in Law, University of Hawaiʻi at Mānoa）
【Summary】
This interdisciplinary presentation examines how courts and legislatures in Japan and the United States have shaped and responded to the constitutional claims of same-sex couples seeking the right to marry. Grounded in comparative constitutional analysis and socio-legal methodology, the talk draws upon the speaker’s prior publication summarizing five Japanese district court rulings, while introducing recent developments in the Osaka High Court and the potential implications of forthcoming Supreme Court of Japan decisions.
Through the lens of federalism and judicial review, the U.S. legal framework will be presented as a dynamic system that enables states and municipalities to enact broader marriage equality and anti-discrimination protections beyond federal mandates. Landmark cases such as the Hawaiʻi Supreme Court’s Baehr v. Lewin 74 Haw. 530 (1993) and Obergefell v. Hodges 576 U.S. 644 (2015) will be discussed alongside Japan’s Osaka District Court (2022) and Osaka High Court (2025) decisions to illustrate converging and diverging paths in legal reasoning, constitutional interpretation, and societal influence.
The presentation also highlights how historical and contemporary developments in Hawaiʻi, including the 2024 constitutional amendment and municipal LGBTQIA+ protections, provide insight into how local governance can respond proactively following major court rulings. Finally, the talk will address emerging challenges in the legal representation of LGBTQ+ clients in Japan, reflecting on how cultural context, social movements, and transnational legal norms shape evolving understandings of human rights and equality.
