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In a significant setback for LGBTQ+ rights in Japan, the Tokyo High Court ruled Friday that the country’s refusal to legalize same-sex marriage is constitutional, reversing a lower court ruling and marking the first defeat at the high court level among six similar cases nationwide.
Judge Ayumi Higashi’s decision upheld the traditional legal definition of marriage as a union between men and women, stating that excluding same-sex couples from marriage is valid. The court also rejected claims for 1 million yen ($6,400) in damages sought by each of the eight plaintiffs.
“I’m so disappointed,” said plaintiff Hiromi Hatogai outside the courthouse. “Rather than sorrow, I’m outraged and appalled by the decision. Were the judges listening to us?”
Fellow plaintiff Rie Fukuda added, “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.”
The ruling represents a critical juncture in Japan’s ongoing debate over same-sex marriage rights. With all six high court cases now concluded, the matter is expected to reach the Supreme Court, which will likely deliver a definitive nationwide ruling sometime next year.
Japan stands as the only member of the Group of Seven industrialized nations that does not recognize same-sex marriages or provide legally binding protections for LGBTQ+ couples. This position has increasingly isolated Japan on the global stage as more countries adopt marriage equality legislation.
Prime Minister Sanae Takaichi’s conservative Liberal Democratic Party remains the primary political obstacle to marriage equality. The government has consistently argued that civil law provisions regarding marriage do not extend to same-sex couples, emphasizing what it describes as the importance of “natural reproduction” in the institution of marriage.
Since 2019, more than 30 plaintiffs across Japan have joined lawsuits challenging these restrictions. They argue that civil law provisions barring same-sex marriage violate constitutional guarantees of equality and freedom of marriage.
Friday’s ruling marks only the second court decision finding the government’s position constitutional, following a 2022 Osaka District Court ruling. Most other courts have ruled that the government’s failure to recognize same-sex marriage is either unconstitutional or “unconstitutional in the state of legislative inaction,” indicating that lawmakers should address the issue.
Despite the legal setback, public opinion in Japan has shifted dramatically in recent years. Support for same-sex marriage has grown rapidly among Japanese citizens, particularly younger generations. Major corporations and business groups have also increasingly advocated for marriage equality, citing both human rights concerns and the economic benefits of inclusive policies.
LGBTQ+ individuals in Japan continue to face discrimination in various aspects of life, including education, employment, and healthcare. Without legal recognition of their relationships, same-sex couples encounter numerous practical challenges, from hospital visitation rights to inheritance issues and joint property ownership.
The plaintiffs’ legal team expressed determination to continue their fight to the Supreme Court, where they hope for a favorable ruling that would compel the government to enact legislation recognizing same-sex marriages.
The case highlights the tension between Japan’s traditional social conservatism and growing international pressure to modernize its approach to LGBTQ+ rights. As the country prepares to host more international events and seeks to maintain its standing among developed nations, the pressure to align with global human rights standards continues to mount.
The Supreme Court’s eventual ruling will be closely watched both domestically and internationally as a signal of Japan’s direction on civil rights and social equality in the coming years.
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8 Comments
The exclusion of same-sex couples from marriage is a clear form of discrimination that should not be tolerated. I hope the Supreme Court will make a decision that upholds the values of equality and human dignity.
The exclusion of same-sex couples from marriage is an outdated and discriminatory practice. I hope the Supreme Court will recognize that love and commitment are universal, regardless of gender.
This is a disappointing setback for LGBTQ+ rights in Japan. The courts should recognize that all couples deserve the right to marry, regardless of gender. I hope the Supreme Court will rule in favor of equality and justice.
The ongoing debate over same-sex marriage rights in Japan highlights the need for greater legal protections and societal acceptance of the LGBTQ+ community. I’m hopeful the Supreme Court will make a fair and inclusive ruling.
This is a pivotal moment for LGBTQ+ rights in Japan. The Supreme Court must make a fair and inclusive ruling that recognizes the fundamental right of all couples to marry.
This is a complex issue, but at the end of the day, all people should have the freedom to marry the person they love. I’m curious to see how the Supreme Court will rule on this matter.
While the lower court’s ruling against same-sex marriage is concerning, I’m glad the case will reach the Supreme Court for a definitive nationwide decision. Japan has an opportunity to join other progressive countries in recognizing the fundamental right to marry.
While the lower court’s decision is disappointing, I’m hopeful the Supreme Court will recognize that denying same-sex couples the right to marry is a violation of fundamental human rights. Japan’s laws should reflect the diversity and equality of its people.