Tokyo Court Upholds Japan’s Same-Sex Marriage Ban, Declares It Constitutional

A Tokyo high court has ruled that Japan’s ban on same-sex marriage does not violate the constitution, delivering a major setback to campaigners who had hoped recent court decisions across the country signalled momentum toward marriage equality.

The verdict, handed down on Friday, was met with visible disappointment from plaintiffs and their legal team, who gathered outside the courthouse holding signs that read “unjust verdict,” according to local media reports.

Japan remains the only G7 nation that does not fully recognise same-sex couples or provide them with clear legal protections. Within Asia, only Taiwan, Thailand and Nepal currently allow same-sex marriage.

Judge Ayumi Higashi, who issued the ruling, said that any legal change regarding same-sex marriage must first be debated and enacted by parliament, the Mainichi newspaper reported.

Shino Kawachi, one of the plaintiffs, described the ruling as “difficult to comprehend,” questioning whether the court had considered the lived realities of LGBTQ couples. Her partner, Hiromi Hatogai, said she was “extremely outraged” by the decision, adding that she wondered whether the judiciary was “on our side,” but vowed that they would “keep fighting.”

Amnesty International condemned the ruling as “a damaging step backwards,” urging the Japanese government to take proactive steps toward legalising same-sex marriage so that LGBTQ couples can enjoy equal rights.

Friday’s ruling is the final verdict among six high court cases filed nationwide between 2019 and 2021. While five earlier courts—from Sapporo to Fukuoka—found the ban unconstitutional, none granted compensation to plaintiffs. The Tokyo court’s decision stands out as the lone ruling to find the ban constitutional, reversing a trend that had boosted hopes for reform.

All six cases are expected to move to the Supreme Court for a final decision.