Tokyo’s high court ruled Tuesday that Japan’s ban on same-sex marriage is constitutional, delivering a significant setback to LGBTQ+ rights advocates and contradicting earlier court decisions that had fueled hopes for legal recognition.
The ruling disappointed supporters and stalled momentum for same-sex marriage legislation in Japan, which remains the only G7 nation without full recognition or clear legal protections for same-sex couples.
Presiding Judge Ayumi Higashi stated that the legal issue of same-sex marriage should first be considered by the parliament.
Outside the Tokyo High Court, plaintiffs and their legal team expressed dismay, holding signs that read “Unjust Ruling.”
Shino Kawaji, one of the plaintiffs, told local media the decision was “difficult to understand” and questioned the court’s fairness. Her partner, Hiromi Hatogai, declared herself “extremely angry” but vowed to “continue fighting.”
Amnesty International condemned the decision as a “damaging step backward.” The human rights group urged the Japanese government to swiftly enact legislation granting same-sex couples full marriage rights equal to those of heterosexual couples.
The Tokyo court’s decision marks the last of six same-sex marriage cases filed nationwide between 2019 and 2021. Other courts, including those in Sapporo, Osaka, and Fukuoka, had heard similar cases.
Of these six cases, five had previously ruled that the ban on same-sex marriage was unconstitutional, although they rejected the plaintiffs’ compensation claims. The Tokyo ruling thus stands as an exception amidst a series of decisions that had previously raised expectations for legal reform.
All six cases are now slated to proceed to Japan’s Supreme Court, which will issue the final adjudication on the matter.