Tokyo High Court Upholds Constitutional Ban on Same-Sex Marriage

The Tokyo High Court has ruled that Japan’s ban on same-sex marriage is constitutional, a decision that has sparked significant backlash from activists and international organizations. This ruling, delivered on March 7, 2024, is part of an ongoing legal battle spearheaded by the non-profit organization, Marriage for All Japan. Eight plaintiffs initiated the case, arguing that the existing laws violate their rights and deny them the legal protections afforded to heterosexual couples.

Over the past few years, various courts across Japan have been engaged in similar legal challenges. Notably, five courts previously determined that the ban on same-sex marriage was unconstitutional, making the recent decision a significant departure from those rulings. Following the court’s latest judgment, the plaintiffs indicated plans to escalate their case to the Supreme Court.

Japan remains the only member of the G7 that does not recognize same-sex marriage. In contrast, countries like Taiwan, Thailand, and Nepal have already implemented laws to support same-sex unions. The latest ruling has drawn criticism from human rights advocates, including Amnesty International, which characterized the verdict as a “damaging step backwards” for LGBTQ+ rights in Japan.

Boram Jang, a researcher for Amnesty International focusing on East Asia, expressed concern over the implications of the ruling. She stated, “The ruling in Tokyo – the final high court ruling of six lawsuits filed across the country – cannot be allowed to hamper progress.” Jang urged the Japanese government to take immediate legislative action to legalize same-sex marriage, emphasizing the need for full marriage rights for same-sex couples.

Despite the setback in the courts, Japan did take a step forward in 2023 by passing a law aimed at promoting the understanding of LGBTQ+ issues. However, this legislation lacked comprehensive anti-discrimination protections. Jang criticized the law, asserting, “There needs to be solid, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination.”

The ruling has reignited discussions about the need for legislative change in Japan, with many advocates calling for urgent reforms to ensure equality for all citizens, regardless of sexual orientation. As the legal battle continues, the implications of the Tokyo High Court’s decision are likely to resonate across the nation and beyond, highlighting the ongoing struggle for LGBTQ+ rights in a country that has yet to embrace full legal recognition of same-sex marriage.