Japan court rules that a bar on same-sex marriage is unconstitutional

The Tokyo High Court has upheld Japan’s ban on same‑sex marriage, ruling it constitutional and aligning with the stance of the Japanese government, which continues to reject legal recognition of same‑sex couples. The court stated that current civil law provisions preventing same‑sex couples from marrying remain reasonable under existing circumstances, echoing the government’s position that marriage is defined as a union “based only on the mutual consent of both sexes” under Article 24 of the Constitution. The ruling reflects Japan’s traditionally conservative approach to family and social norms, where marriage has long been viewed as a union between a man and a woman.

The decision is the final of six similar lawsuits filed nationwide. In the latest case, eight plaintiffs aged between 40 and 60 sought 1 million yen (around USD 6,400) each in damages, arguing that the civil law ban violates constitutional guarantees of equality and freedom of marriage. The plaintiffs had appealed a March 2024 Tokyo District Court ruling, which described the situation as "in a state of unconstitutionality" but denied compensation.

Japan remains the only Group of Seven nation yet to legalize same‑sex marriage or civil unions, despite growing advocacy from the LGBT community and its supporters. While some countries, including the Netherlands, Canada, Spain, South Africa, Sweden, Germany, the United States, Australia, Greece, Liechtenstein, and Thailand, allow same‑sex couples to marry, many others, especially across Asia, Africa, the Middle East, and parts of Eastern Europe, continue to ban same‑sex marriage. In some of these nations, limited recognition through civil unions or partnership laws exists, but full marital rights remain unavailable.

The Tokyo High Court ruling, in line with the government’s position, preserves the status quo in Japan. Same‑sex couples can access some limited protections under local partnership ordinances, but they are denied full rights regarding inheritance, taxation, social security, parental rights, and other benefits available to opposite‑sex married couples. The decision highlights Japan’s conservative social values, where traditional family structures continue to shape legal and political attitudes toward marriage.