A Tokyo High Court ruling on Friday found that Japan’s refusal to legalize same-sex marriage does not violate the constitution, marking the final high court decision in six key cases that will now likely be reviewed by the Supreme Court. The decision reverses a lower court ruling last year and represents the first loss for plaintiffs seeking marriage equality at the high court level.

Judge Ayumi Higashi explained that the legal definition of marriage as a union between a man and a woman—and the family as a couple and their children—is rational under Japanese law. The court also rejected claims for damages of 1 million yen ($6,400) sought by eight LGBTQ+ plaintiffs seeking equal marital rights.

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Plaintiffs Determined to Continue the Fight

Outside the Tokyo High Court, plaintiffs expressed disappointment and frustration. Hiromi Hatogai said, “I’m so disappointed. Rather than sorrow, I’m outraged and appalled by the decision. Were the judges listening to us?”

Another plaintiff, Rie Fukuda, emphasized their determination: “We only want to be able to marry and be happy, just like anyone else. I believe society is changing. We won’t give up.”

With all six high court cases now concluded, the Supreme Court is expected to consolidate the appeals and issue a definitive ruling, possibly next year, which could shape the future of marriage equality in Japan.

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Rising Public Support Amid Legal Challenges

While discrimination against LGBTQ+ people persists in schools, workplaces, and other areas of society, public support for same-sex marriage and backing from the business community has been growing rapidly. Despite this, Japan remains the only G7 country that does not recognize same-sex marriage or provide legally binding protections for LGBTQ+ couples.

Prime Minister Sanae Takaichi and her conservative Liberal Democratic Party have consistently opposed same-sex marriage, arguing that civil law marriage applies only to heterosexual couples and emphasizes the importance of natural reproduction.

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Legal Context and Ongoing Cases

Since 2019, more than 30 plaintiffs have filed lawsuits across Japan, asserting that civil law provisions barring same-sex marriage violate the constitutional right to equality and the freedom to marry.

Friday’s ruling is only the second high-profile decision upholding the government’s policy, following the 2022 Osaka District Court decision. These cases highlight the ongoing legal and social debate surrounding marriage equality in Japan.