A Tokyo High Court ruling on Friday declared Japan’s ban on same-sex marriage constitutional, reversing momentum from previous high court decisions across the country that had raised hopes for marriage equality. The ruling marks the final high court verdict in a series of six cases filed nationwide since 2019 and now moves to the Supreme Court for a definitive decision.

Judge Ayumi Higashi emphasized that legal deliberation on same-sex marriage should primarily take place in the parliament, rather than being decided by the judiciary.

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Public Disappointment and Plaintiff Reactions

Outside the Tokyo courthouse, plaintiffs and their legal teams expressed profound disappointment, holding signs that read “Unjust verdict”.

Shino Kawachi, one of the plaintiffs, told local media:
“What is justice? Was the court even watching us? Were they considering the next generation?”

Her partner, Hiromi Hatogai, added that she was “extremely outraged”, questioning whether the judiciary was aligned with LGBTQ+ rights, but affirmed that the fight for marriage equality would continue.

Amnesty International criticized the ruling, calling it a “damaging step backwards on same-sex marriage.” Boram Jang, East Asia researcher for the rights group, urged the Japanese government to actively pursue legalization so same-sex couples could “fully enjoy the same marriage rights as their heterosexual counterparts.”

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Japan’s Legal and Regional Context

Japan is the only G7 country that does not recognize same-sex couples or provide legally binding protections for them. Within Asia, only Taiwan, Thailand, and Nepal currently allow same-sex marriage.

The Tokyo High Court’s decision contrasts with five other rulings across Japan, from cities including Sapporo, Osaka, and Fukuoka, which had found the ban unconstitutional, though they rejected compensation claims sought by plaintiffs. Friday’s ruling stands out as an exception, slowing the momentum toward marriage equality.

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Next Steps: Supreme Court Review

With all six high court rulings now concluded, the cases will be consolidated and heard by Japan’s Supreme Court, which will provide a final and binding verdict on the constitutionality of same-sex marriage.

Public opinion in Japan has been gradually shifting, with increased support from both society and the business community for LGBTQ+ rights, even as discrimination persists in workplaces and schools. Advocates hope the Supreme Court’s decision will align with global trends in marriage equality.