The Tokyo High Court has ruled that Japan’s ongoing ban on same-sex marriage is constitutional, rejecting legal arguments from plaintiffs who claimed the prohibition violated their rights to equality and family life.
Handed down on 28 November, the ruling is the final in a series of six high-profile challenges brought between 2019 and 2021. It marks a setback for marriage equality campaigners, with the court concluding that Japan’s Constitution does not guarantee same-sex couples the right to marry.
Japan is now the only country in the G7 that does not offer legal recognition to same-sex partnerships.
Court Backs Traditional Definition of Marriage
Presiding Judge Ayumi Higashi ruled that defining marriage strictly as a union between a man and a woman — typically aimed at forming a family — remains a “rational” legal and social concept. The court dismissed the plaintiffs’ claims for damages, stating that the ban does not breach Articles 14 or 24 of the Constitution, which address equality and individual dignity in marriage.
The decision starkly contrasts with several earlier rulings from other courts, including those in Sapporo, Nagoya, Osaka, and Fukuoka, where judges had found the denial of marriage rights to same-sex couples to be unconstitutional.
Those rulings, delivered between 2024 and early 2025, pointed to the importance of constitutional protections for equality, personal dignity, and the equal rights of all sexes.
Human Rights Groups Condemn Ruling
Amnesty International was quick to condemn the Tokyo High Court’s decision, describing it as “a significant step backwards for marriage equality in Japan.” The rights organisation has called on the Japanese government to enact national legislation that guarantees equal marriage rights for all citizens, regardless of sexual orientation.
A Legal Setback Amid Changing Social Attitudes
Although Japan’s courts remain divided, public opinion appears to be moving steadily in favour of reform. Recent surveys show growing support among the Japanese population for the legal recognition of same-sex marriages.
In the absence of national legal reform, more than 300 local governments have implemented partnership systems that offer symbolic recognition to same-sex couples. However, these certificates do not grant legal rights in areas such as inheritance, taxation, parental rights, or immigration — protections that heterosexual married couples enjoy by default.
Activists warn that without legislative action from the central government, same-sex couples in Japan will continue to face legal uncertainty and discrimination.
As the final high court ruling on the issue, the Tokyo verdict may hold considerable weight in future legal debates — but the push for marriage equality in Japan is far from over.
