Tokyo High Court Upholds Same-Sex Marriage Ban In Japan

The Tokyo High Court has ruled that Japan’s ban on same-sex marriage is constitutional, rejecting a challenge that gay and lesbian couples say denies them equal rights.

The decision, handed down on November 28, is  the final of six major high court rulings brought between 2019 and 2021, concluded that restricting marriage to heterosexual couples does not breach key constitutional protections under Articles 14 and 24.

Japan now remains the only G7 country that does not provide legal recognition for same sex couples.

Japan upholds same sex marriage ban

Following similar rulings in Sapporo and Tokyo earlier this year, the Fukuoka High Court also ruled that the continued ban against same sex marriage in Japan is unconstitutional in December last year.

However the Tokyo High Court has this week ruled that Japan’s ban on same-sex marriage is constitutional.

Presiding Judge Ayumi Higashi said defining marriage as a unit between a man and a woman, typically alongside children, remains a rational legal and social concept under current law; she dismissed claims for damages filed by the plaintiffs.

The ruling marks a stark departure from earlier high-court decisions that had deemed the lack of legal recognition for same-sex couples unconstitutional.

Courts in Sapporo, Nagoya, Osaka and Fukuoka issued such verdicts between 2024 and early 2025, citing the constitutional guarantees of equality, human dignity and the essential equality of the sexes.

In response, Amnesty International condemned the Tokyo ruling, describing it as “a significant step backwards for marriage equality in Japan.”

The rights organisation urged the Japanese government to act without delay to introduce legislation ensuring full marriage rights for same-sex couples.

Despite legal setbacks, local efforts have continued. Many municipalities issue partnership certificates to same-sex couples, a symbolic recognition that still falls short of the full legal rights afforded by marriage. These local measures, however, do not address issues like inheritance, parental rights, spousal visas or tax treatment.

Activists argue that public attitudes have shifted considerably. Opinion polls from recent years suggest that a majority of Japanese people support legal recognition of same-sex marriage, even as the courts and lawmakers lag behind.