Japan’s High Court Upholds Ban on Same-Sex Marriage, Setting Stage for Supreme Court Appeal
Japan’s debate over marriage equality moved to a new legal battleground on Friday after the Tokyo High Court ruled that the country’s ban on same-sex marriage is constitutional. The decision marks the only high-court ruling among six nationwide to uphold the state’s longstanding position.
Contrasting judgments across the country
The Tokyo High Court’s decision departs from earlier judgments issued by high courts in Sapporo, Nagoya, Osaka and Fukuoka, which found that the absence of legal recognition for same-sex couples runs afoul of constitutional equality protections. While those courts flagged constitutional concerns, they nevertheless dismissed plaintiffs’ demands for financial compensation.
Court rationale: marriage as a heterosexual institution
Presiding Judge Ayumi Higashi wrote that the present civil law framework — which defines marriage in heterosexual terms — remains reasonable under existing social and legal conditions. The ruling emphasized the role the marriage institution plays in creating a stable environment for child-rearing and said that it is lawful to interpret the terms “husband and wife” as referring to a man and a woman.
The court also held that Article 24 of Japan’s Constitution, which guarantees the freedom of marriage, applies to unions between the two sexes and therefore does not extend to same-sex partnerships. It added that several legal effects of marriage can be replicated through private contracts and noted that people who change their legal sex can marry under current law.
“Marriage shall be based only on the mutual consent of both sexes.”
Warning on stalled lawmaking
Despite siding with the state, the Tokyo High Court expressed concern over prolonged parliamentary inaction. Judges warned that continued legislative stagnation on issues affecting same-sex couples could eventually threaten the constitutional guarantee of equality. The court stressed that legal recognition and protection of gender identity are important rights that warrant careful attention from lawmakers.
Appeal and the road to the Supreme Court
The eight plaintiffs in the case — aged in their 40s to 60s — each sought 1 million yen in damages, arguing the ban infringed the Constitution’s equality guarantees and freedom of marriage. All eight have announced plans to appeal, moving the dispute toward the Supreme Court. A unified ruling from Japan’s highest court could arrive next year at the earliest.
The case follows a March 2024 Tokyo District Court decision that described the legal situation as being in a “state of unconstitutionality” but nonetheless denied compensation.
Human consequences and political context
For plaintiffs and many in Japan’s LGBT community, the ruling brought disappointment. Plaintiff Shinya Yamagata, 58, described the verdict as “like a nightmare,” reflecting long-held frustration over the absence of a clear legal framework for same-sex couples.
The Justice Ministry responded that the court had accepted the state’s interpretation of the Constitution and that it would continue to monitor legal developments as the appeals process advances.
Japan’s standing among G7 nations
Japan remains the only Group of Seven country that has not legalized same-sex marriage or created national civil-union alternatives — a contrast that has drawn increasing international and domestic pressure. Supporters of marriage equality argue that a Supreme Court decision in favor of rights recognition could force lawmakers to enact durable statutory protections.
What happens next? With the appeal to the Supreme Court now expected, activists, lawmakers and legal scholars will watch closely. A final ruling by the top court could either cement the status quo or force a decisive shift that compels legislative action — an outcome with far-reaching implications for civil rights in Japan.