Tokyo Court Upholds Same-Sex Marriage Ban in Japan: A Controversial Decision

Japan’s Legal System Maintains Same-Sex Marriage Ban

In a recent court ruling, the Japanese LGBTQ+ community faced a significant setback as a Tokyo High Court upheld the constitutionality of the country’s ban on same-sex marriage. This decision marks a critical point in the ongoing struggle for marriage equality in Japan.

The judgement was delivered on Friday, November 28, with the court declaring that the ban does not infringe upon Articles 24(1) and (2) or Article 14(1) of the Japanese Constitution. This ruling concludes a series of six high court lawsuits filed between 2019 and 2021 in various cities, including Tokyo, Osaka, and Sapporo. The legal battle now moves to the Supreme Court, where further judgments are anticipated.

Judicial Perspective and Public Reactions

Presiding judge Ayumi Higashi articulated that a family unit, as defined legally, is a union between a heterosexual couple and their children. This perspective supported the court’s dismissal of the plaintiffs' requests for damages amounting to one million yen (approximately $6,400) per couple.

Outside the court, the decision sparked disappointment and anger among plaintiffs and supporters. Hiromi Hatogai, one of the plaintiffs, expressed her frustration, stating, “Rather than sorrow, I'm outraged and appalled by the decision. Were the judges listening to us?” Her partner, Shino Kawachi, echoed this sentiment, questioning the court’s understanding of justice and concern for future generations.

Another plaintiff, Rie Fukuda, emphasized the desire for equality, saying, “We only want to be able to marry and be happy, just like anyone else.” Despite the ruling, she remained hopeful, noting, “I believe society is changing. We won’t give up.”

Japan’s Position in the Global Context

Japan remains the only G7 nation that neither recognizes same-sex marriage nor provides legal protections for queer couples. In broader Asia, only Taiwan, Thailand, and Nepal have legalized same-sex marriages, highlighting Japan's contrasting stance on the issue.

Amnesty International condemned the ruling, arguing that it effectively legitimizes discrimination against LGBTQ+ couples under Japanese law. Boram Jang, Amnesty International’s East Asia researcher, described the decision as a “significant step backwards” for marriage equality.

Jang urged the Japanese government to proactively legislate for the legalization of same-sex marriage, allowing couples to enjoy equal rights. The organization stressed that the 2023 law aimed at promoting understanding of LGBTQ+ individuals is insufficient without solid legal measures to protect these communities from discrimination.

Previous Contrasting Court Rulings

In a contrasting decision in 2024, the Sapporo District Court ruled that limiting marriage to heterosexual couples is “unconstitutional and discriminatory.” This ruling called on the parliament to institutionalize appropriate laws, emphasizing that same-sex marriage poses no disadvantages or harmful effects.

The Sapporo court declared that living in accordance with one's gender identity and sexual orientation is an inalienable right. This decision followed similar judgments in Nagoya and Tokyo, where separate lawsuits also challenged the constitutionality of the marriage ban.

The Road Ahead

With the completion of these high court cases, the Supreme Court of Japan is now expected to address the appeals, potentially setting a precedent for future legal interpretations. Public opinion in Japan has shown significant support for legalizing same-sex marriage, with a 2023 poll revealing that two-thirds of Japanese citizens favor marriage equality.

Despite this public support, the path to legal reform remains challenging. Japan’s first female prime minister, Sanae Takaichi, has previously expressed opposition to same-sex marriage, citing it as a “very difficult problem.” These political and judicial landscapes suggest that the journey toward marriage equality in Japan is ongoing and fraught with challenges.

As the nation awaits the Supreme Court’s decision, advocacy groups continue to press for legislative changes. The ultimate goal is to align Japan with international standards on human rights and equality, ensuring that all couples, regardless of gender, can enjoy the same legal rights and societal recognition.