The Tokyo High Court has ruled that Japan’s prohibition on same-sex marriage is constitutional, delivering a significant blow to campaigners for marriage equality and overturning a lower court decision that had found the ban unlawful.
Presiding Judge Ayumi Higashi stated that under current civil law, marriage is “largely expected to be a union between men and women”, and that defining family as a unit between a couple and their children is rational. The court concluded that excluding same-sex couples from marriage does not breach Articles 14 and 24 of the Constitution, which guarantee equality and outline marriage provisions. Claims for damages of ¥1 million (approximately £5,100) per plaintiff were also dismissed.
The ruling marks the final decision among six high court cases filed nationwide since 2019, and is the only one to uphold the government’s stance. Previous rulings in Sapporo, Fukuoka and other jurisdictions had found the ban unconstitutional, fuelling hopes for reform. With all appeals now headed to the Supreme Court, a definitive judgment could come as early as next year.
Outside the courthouse, plaintiffs and supporters expressed outrage. “I’m outraged and appalled by the decision. Were the judges listening to us?” said plaintiff Hiromi Hatogai. Another plaintiff, Rie Fukuda, added: “We only want to be able to marry and be happy, just like anyone else.”
Human rights groups condemned the ruling. Boram Jang, Amnesty International’s East Asia Researcher, said: “The court’s decision today marks a significant step backwards for marriage equality in Japan.
“The ruling in Tokyo – the final high court ruling of six lawsuits filed across the country and the only ruling to say, in effect, that discrimination against same-sex couples is constitutional – cannot be allowed to hamper progress. But it should serve as a warning of the reluctance to acknowledge the concept of same-sex marriage and the reality of same-sex couples living in Japan.
“While these cases work their way to the Supreme Court, the government can resolve this issue through legislation without further delay. The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts.
“Japan remains the only G7 country without legal recognition for same-sex couples. The law passed by the government in 2023 to promote understanding of LGBTQ+ people is not enough. There need to be solid, legal measures in place to protect same-sex couples and the LGBTQ+ community in Japan from all forms of discrimination.”
AloJapan.com