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Tokyo court upholds same-sex marriage ban in landmark ruling
A Tokyo high court ruled on Friday that Japan's ban on same-sex marriage is constitutional, marking a setback for LGBTQ+ rights activists after a series of lower court decisions had signaled growing judicial support for marriage equality.
The verdict, delivered by Judge Ayumi Higashi, stated that the issue should be addressed by parliament rather than the courts, according to reports by the Mainichi newspaper. The decision contrasts sharply with five previous high court rulings-spanning cities from Sapporo to Osaka-where judges had deemed the ban unconstitutional, though they rejected financial compensation claims.
Reaction: Disappointment and defiance
Plaintiffs and their legal team gathered outside the Tokyo courthouse, holding signs reading "unjust verdict" as the ruling was announced. Shino Kawachi, one of the plaintiffs, questioned the court's reasoning in remarks to local media: "What is justice? Was the court even watching us? Were they considering the next generation?"
Her partner, Hiromi Hatogai, expressed outrage but vowed to continue the fight. "We will keep fighting," she said, casting doubt on whether the judiciary was aligned with their cause.
"The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts."
Boram Jang, East Asia researcher, Amnesty International
Japan's position in Asia and the G7
Japan remains the only G7 nation without legal recognition or protections for same-sex couples. While the ruling aligns with conservative trends in much of Asia-where only Taiwan, Thailand, and Nepal recognize same-sex marriages-it defies a recent wave of progressive court decisions within Japan.
Amnesty International condemned the verdict as "a damaging step backwards," urging the government to act on legislative reform. The cases are now expected to advance to the Supreme Court, where activists hope for a definitive resolution.
Next steps: Supreme Court appeal
The Tokyo ruling concludes a series of six high court cases filed between 2019 and 2021. With five of those courts having ruled against the ban, Friday's decision introduces legal uncertainty ahead of the Supreme Court's review. Advocates argue the inconsistency underscores the need for parliamentary action, though legislative progress has stalled despite public opinion shifting in favor of equality.
