Full Breakdown
Tokyo High Court Upholds Same-Sex Marriage Ban, Setting Stage for Supreme Court Review
12/2/2025, 12:09:39 PM
Overview of the Ruling
On November 28, 2025, the Tokyo High Court ruled that Japan's prohibition on same-sex marriage is constitutional, marking a significant setback for advocates of marriage equality. This decision is the final ruling among six high-profile cases challenging the ban, with the court asserting that the current legal definition of marriage as a union between a man and a woman remains valid under Japanese law. Presiding Judge Ayumi Higashi emphasized that the legislature should deliberate on same-sex marriage, reinforcing the government's stance that civil marriage is tied to natural reproduction.
Background and Context
Japan is the only member of the Group of Seven (G7) that does not recognize same-sex marriage or provide legal protections for LGBTQ+ couples. Since 2019, over 30 individuals have pursued legal action to challenge the marriage ban, arguing that it violates constitutional rights to equality and freedom of marriage. Previous rulings in Sapporo, Nagoya, Osaka, and Fukuoka had found the ban unconstitutional, creating a contrast with the Tokyo High Court's recent decision.
Key Figures and Groups
The plaintiffs in the case included eight individuals aged 40 to 60, who sought damages of 1 million yen (approximately $6,400) each. Their legal team expressed disappointment and outrage following the ruling, with plaintiff Hiromi Hatogai questioning whether the judiciary was listening to their pleas for equality. Human rights organizations, including Amnesty International, condemned the ruling, calling it a "significant step backwards" for marriage equality in Japan.
Official Statements & Responses
In response to the ruling, Amnesty International's East Asia researcher Boram Jang stated, "The court’s decision today marks a significant step backwards for marriage equality in Japan." Jang urged the Japanese government to proactively move towards legalizing same-sex marriage to ensure that couples can enjoy the same rights as heterosexual counterparts. The ruling has prompted calls for legislative action, as many municipalities currently offer partnership certificates that lack the full legal rights associated with marriage.
Criticism & Opposition
The ruling has faced significant backlash from LGBTQ+ advocates and supporters. Many expressed their determination to continue fighting for marriage equality, despite the setback. Rie Fukuda, another plaintiff, remarked, "We only want to be able to marry and be happy, just like anyone else." Activists argue that public support for legalizing same-sex marriage has grown, with recent surveys indicating that approximately two-thirds of the population favors legal recognition.
What's Next: Supreme Court Review
With all six high court cases concluded, the issue is set to proceed to the Supreme Court of Japan, which will consider the appeals collectively. Legal experts and advocates hope that the Supreme Court's ruling could clarify constitutional protections regarding marriage and potentially pave the way for significant changes in Japan's approach to same-sex marriage.
Conclusion
The Tokyo High Court's ruling underscores the ongoing struggle for marriage equality in Japan, highlighting a divergence in judicial interpretations across the country. As public support for LGBTQ+ rights continues to grow, the upcoming Supreme Court decision will be pivotal in determining the future of same-sex marriage in Japan.
