Tokyo High Court Upholds Ban on Same-Sex Marriage in Japan

TOKYO, Japan — The Tokyo High Court ruled Friday that Japan’s prohibition on same-sex marriage is constitutional. This decision comes after a series of six lawsuits across the country, marking a significant setback for advocates of marriage equality.

The ruling stated that Japan’s refusal to recognize same-sex marriage aligns with constitutional provisions outlined in Article 24(1), (2), and Article 14(1). Presiding Judge Yumi Tōa emphasized that without legislative action, constitutional violations could emerge. “The issue should first be thoroughly deliberated in the Diet,” she said.

Boram Jang, an East Asia researcher for Amnesty International, expressed disappointment over the ruling. “This decision marks a significant step backwards for marriage equality in Japan. The government must legislate to legalize same-sex marriage,” Jang stated. He noted that Japan remains the only G7 nation without legal recognition for same-sex couples.

Since 2019, more than 30 plaintiffs have filed lawsuits, arguing that civil law provisions barring same-sex marriage infringe on their rights. The Tokyo suit included eight plaintiffs, seeking ¥1 million ($6,400) each in damages. However, the judge dismissed their claims and upheld the government’s stance.

Outside the courthouse, plaintiff Hiromi Hatogai voiced frustration, saying, “I’m outraged and appalled by the decision. Were the judges listening to us?” Another plaintiff, Rie Fukuda, added, “We only want to be able to marry and be happy, just like anyone else.”

Public sentiment regarding same-sex marriage has shifted positively in recent years among citizens and within the business community, despite the ruling. Prime Minister Sanae Takaichi‘s Liberal Democratic Party remains the primary opponent of such rights in Japan. The Supreme Court is expected to review the appeals from these cases, potentially delivering a final verdict next year.