Tokyo High Court ruling upholds same-sex marriage ban

The Tokyo High Court on Friday issued the final pending appellate decision in Japan’s nationwide same-sex marriage litigation, holding that the country’s statutory framework limiting marriage to opposite-sex couples does not violate the Constitution of Japan. The court dismissed the plaintiff’s claims of breach of constitutional guarantees to equality and individual dignity. It rejected their request for damages on the basis that no constitutional injury had been established.

The ruling stands in contrast to earlier high court judgments issued between 2021 and 2024. Courts in Sapporo, Nagoya, Osaka, Fukuoka, and in an earlier Tokyo appeal found aspects of the current marriage framework unconstitutional. Several of those courts held that Article 14(1) of the Constitution prohibits discrimination based on sexual orientation and justified their decisions by Article 24’s requirement for marriage and family law to be based on “individual dignity” and the “essential equality of the sexes.” The latest decision, by contrast, concluded that the legislature retains broad discretion to define marriage, with Presiding Judge Yumi Toa affirming that provisions governing same-sex marriage ought to be thoroughly deliberated in the legislature. 

The court also rejected the argument that denying same-sex couples access to marriage infringes Article 14’s equality guarantee, holding that distinctions grounded in the current civil code definition do not amount to unconstitutional discrimination. 

Many municipalities and prefectures across Japan offer recognition through partnership certificates for same-sex couples. However, these frameworks do not provide the full legal rights associated with marriage, such as automatic parental recognition, inheritance, and spousal tax treatment.

The decision creates a direct conflict among courts, leaving Japan without a uniform interpretation of constitutional protections relating to marriage. Lawyers for LGBT & Allies Network (LLAN), which has previously translated major marriage-equality rulings, noted the significance of the divergence between this outcome and the 2024 Tokyo High Court judgment that held the ban unconstitutional.

The issue is now expected to proceed to the Supreme Court of Japan, a unified ruling would determine whether the Constitution permits or requires marriage equality and could clarify the relationship between Articles 14 and 24 in the context of contemporary family structures. 

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