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Tokyo Court Upholds Same-Sex Marriage Ban: What This Means for Japan

The Tokyo High Court has ruled that Japan's ban on same-sex marriage is constitutional, making it the only high court to support the government's position. This decision contrasts with earlier rulings from four other high courts that found the lack of legal recognition unconstitutional. The court suggested that parliament should thoroughly discuss same-sex marriage issues first. Japan remains the only G7 country that hasn't legalized same-sex marriage or civil unions despite growing pressure.

Key Points: Tokyo High Court Rules Same-Sex Marriage Ban Constitutional

  • Tokyo High Court becomes only high court supporting same-sex marriage ban constitutionality
  • Eight plaintiffs sought compensation for constitutional rights violations
  • Supreme Court expected to issue unified decision next year
  • Japan remains only G7 nation without same-sex marriage recognition
2 min read

Tokyo High Court says same-sex marriage ban constitutional

Tokyo High Court upholds Japan's same-sex marriage ban as constitutional, becoming the only high court to support government stance among six nationwide lawsuits.

"Issues surrounding same-sex marriage should first be thoroughly discussed in parliament - Presiding Judge Ayumi Higashi"

Tokyo, November 28

A Japanese court has upheld the country's ban on same-sex marriage as constitutional, making the Tokyo High Court the only high court so far to support the government's stance among six similar lawsuits filed nationwide, Kyodo News reported.

The court ruled that current civil law provisions preventing same-sex couples from marrying remain reasonable under existing conditions. This contrasts with earlier high court decisions in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka, which found the lack of legal recognition for same-sex marriage to be unconstitutional, though all those rulings dismissed demands for compensation.

In delivering the final judgment among the six lawsuits, Presiding Judge Ayumi Higashi stated that issues surrounding same-sex marriage "should first be thoroughly discussed in parliament." Kyodo News reported that the Supreme Court is expected to issue a unified decision sometime next year.

In the latest case, eight plaintiffs aged between their 40s and 60s sought 1 million yen (USD 6,400) each in damages, arguing that the civil law's ban on same-sex marriage violates constitutional guarantees of equality and freedom of marriage. The government rejected the claim, asserting that the Constitution defines marriage as between a man and a woman, Kyodo News reported.

The group had appealed a Tokyo District Court ruling from March 2024, which described the situation as "in a state of unconstitutionality" but dismissed their compensation request.

Among the 12 high and lower court decisions issued so far, the Osaka District Court remains the only other court to have upheld the constitutionality of withholding legal recognition for same-sex marriage.

Article 24 of the Constitution states, "Marriage shall be based only on the mutual consent of both sexes."

Japan remains the only Group of Seven nation yet to legalise same-sex marriage or civil unions, despite increasing pressure from the LGBT community and its supporters.

- ANI

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Reader Comments

R
Rohit P
This is disappointing. Japan is the only G7 country without same-sex marriage recognition? That's surprising for such an advanced nation. The courts should lead when parliament delays basic rights.
A
Arjun K
While I respect different cultural perspectives, denying marriage equality goes against fundamental human rights. The Constitution should evolve with society. Five other high courts recognized this - why is Tokyo High Court different?
S
Sarah B
Coming from a country where same-sex marriage is legal, I find this ruling regressive. The plaintiffs are in their 40s-60s - they've waited their whole lives for recognition. Parliament "discussions" can take forever while real people suffer.
V
Vikram M
I understand traditional values, but the world is changing. Even in India, we're slowly progressing on LGBTQ+ rights. Japan should lead Asia in this matter rather than lag behind.
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Michael C
Respectfully, I disagree with this ruling. When multiple courts have found the situation unconstitutional, it's clear where justice lies. The "parliament should discuss first" argument feels like passing the buck. Leadership means making tough decisions.

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