A high court in Tokyo has upheld Japan’s current ban on same sex marriage, ruling on Friday that the law does not breach the constitution. The decision runs counter to several earlier rulings across the country that had raised hopes among campaigners for full marriage rights.
The outcome is significant because Japan remains the only G7 nation without legal marriage for same sex couples. Supporters had expected Tokyo to come into line with other courts that found the ban incompatible with equality guarantees.
The panel of judges, led by Ayumi Higashi, said the matter should be considered in parliament first, according to the Mainichi. The plaintiffs, who gathered outside the courthouse with their legal team, reacted with visible frustration and held placards reading “unjust verdict”.
Shino Kawachi, one of the plaintiffs, said the decision left her struggling to understand the reasoning. She asked whether the court had paid proper attention to the community’s lived reality and to the younger generation. Her partner, Hiromi Hatogai, said she felt extremely angry and questioned whether the judiciary understood the concerns of couples seeking recognition. Even so, she said they would continue their efforts.
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Amnesty International criticised the ruling and described it as a step that works against progress, urging the government to bring forward a legal framework that would grant same sex couples the same rights as heterosexual couples. Boram Jang from the organisation’s East Asia team said couples in Japan deserve full legal protection.
Friday’s ruling closes a series of six high court cases that started between 2019 and 2021 in cities including Sapporo, Osaka and Fukuoka. Five of those courts found that the current legal set up breached constitutional principles, although none granted compensation. The Tokyo decision stands alone in taking the opposite view, creating uncertainty over the national direction on the issue.
The matter will now proceed to the Supreme Court. Any future ruling from the top bench would carry heavy weight, particularly as pressure grows on lawmakers to respond. Several neighbouring countries, including Taiwan, Thailand and Nepal, already provide full marriage rights.
Japan continues to debate the place of legal recognition for same sex couples, and the next stage in the courts is expected to shape parliamentary discussion in the months ahead.
