In a setback for marriage equality in Japan, the Tokyo High Court ruled today that the country’s refusal to legalize same-sex marriage is, in fact, constitutional. The decision came in the final of six high court cases challenging Japan’s current marriage laws and reversed a lower court ruling from the previous year. Judge Ayumi Higashi stated that a legal definition of family, as a unit consisting of a couple and their children, remains rational and that excluding same-sex couples from marriage aligns with this definition. The court also dismissed damage claims of 1 million yen (approximately £4,840) sought by eight plaintiffs, including a transgender man, who were fighting for equal marital rights. This ruling represents the first defeat at the high court level for marriage equality efforts, signaling a challenging path ahead for activists as the case is expected to advance to Japan’s Supreme Court for a definitive ruling.
Plaintiffs and LGBTQ+ advocates expressed profound disappointment and frustration following the verdict. Hiromi Hatogai, a plaintiff, told reporters that the decision was not just sorrowful but ‘outrageous,’ questioning whether the judges truly listened to their testimonies. Another plaintiff, Rie Fukuda, maintained a hopeful tone, saying that societal attitudes are evolving and promising to continue the fight for marriage equality. These sentiments underscore the broader movement in Japan, where public support for same-sex marriage has grown steadily, mirrored by increasing backing from the business community. Despite the legal setbacks, the resolve among plaintiffs remains strong as they prepare to appeal to the Supreme Court.
Japan remains the only Group of Seven (G7) industrialized nation that does not legally recognise same-sex marriage or provide binding legal protections for LGBTQ+ couples. The ruling reflects ongoing political resistance, particularly from the ruling Liberal Democratic Party (LDP), known for its conservative stance on family values. The LDP and the government have consistently argued that Japanese civil law defines marriage as a union between a man and a woman and emphasize natural reproduction as a cornerstone of family policy. This viewpoint has been central to the government’s refusal to amend existing marriage laws, despite growing public support for reform. Opposition parties such as the Constitutional Democratic Party, the Japanese Communist Party, and others have voiced support for legalisation, but political inertia remains a major hurdle.
The Tokyo High Court’s ruling contrasts with several lower court decisions over recent years that challenged the constitutionality of denying marriage rights to same-sex couples. Starting in 2019, over thirty plaintiffs nationwide have filed suits arguing that the Civil Code and Family Registration Act violate constitutional rights to equality and freedom of marriage. Several district courts, including the landmark Sapporo District Court in 2021, ruled the ban on same-sex marriage unconstitutional or in a ‘state of unconstitutionality,’ highlighting tension in legal interpretations. For example, the Sapporo High Court in 2024 declared the ban unconstitutional, asserting that the right to marry should extend equally to same-sex couples and that excluding them produces unjust discrimination. Similar rulings at the Osaka and Fukuoka district courts have varied, with some finding the ban constitutional and others not, creating a patchwork of judicial opinion ahead of the Supreme Court’s expected comprehensive ruling.
The Tokyo High Court’s statement that marriage should remain traditionally defined between men and women rests heavily on an understanding of family centred on natural reproduction, an argument that has met criticism for failing to reflect modern societal realities or the diversity of family forms. LGBTQ+ groups and their allies argue that denying legal marriage rights inflicts considerable personal and social disadvantages, including lack of recognition for family units, spousal benefits, and protections in areas such as inheritance, taxation, and medical decisions.
Though Japan has made some progress in recognising same-sex partnerships at municipal and prefectural levels through partnership certificates, these do not carry the legal weight or protections of marriage. Public opinion polls consistently show strong support for full marriage equality among younger Japanese, indicating a possible generational shift in attitudes.
The Supreme Court of Japan is now poised to deliver the final verdict on this pivotal issue. The ruling will not only impact the legal standing of LGBTQ+ couples but also shape Japan’s broader social and political landscape. As it stands, the conservative government appears reluctant to introduce legislative changes, but increasing public and corporate support may create mounting pressure for reform. The ongoing legal battles underscore the complexity and sensitivity of LGBTQ+ rights in Japan, reflecting a society at a cultural and legal crossroads.
Source: Noah Wire Services
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