Japan’s same-sex marriage ban is constitutional, says Tokyo court

A Tokyo high court ruled Friday that Japan’s national ban on same-sex marriage does not violate the constitution, breaking from a recent series of court decisions around the country that had found the ban unconstitutional.

Japan remains the only G7 nation that does not legally recognize same-sex marriage or provide full legal protections for same-sex couples, though several Asian countries — including Taiwan, Thailand, and Nepal — have legalized it.

Key points from the ruling and reaction:

• Judge Ayumi Higashi stated that any change to marriage laws should be debated and decided by Japan’s parliament.
• Plaintiffs and their lawyers expressed deep disappointment, calling the verdict “unjust.”
• Several plaintiffs questioned whether the court had considered the impact on future generations and vowed to continue their legal battle.
• Amnesty International called the ruling a “damaging step backwards,” urging Japan’s government to move toward legalizing same-sex marriage.
• This was the final decision among six major high-court cases filed between 2019 and 2021. Five of the six courts had previously ruled that the marriage ban violates the constitution — making the Tokyo verdict an exception.

The cases are expected to be appealed to Japan’s Supreme Court, where the issue will next be decided.