Tokyo High Court Upholds Ban on Same-Sex Marriage Rights

The Tokyo High Court ruled on Friday that Japan’s ban on same-sex marriage does not violate the nation’s Constitution. This decision marks the conclusion of the final pending appellate case in a series of legal challenges advocating for marriage equality across the country. The court dismissed claims by plaintiffs arguing that the current statutory framework, which limits marriage to opposite-sex couples, infringes upon constitutional guarantees of equality and individual dignity.

In a significant divergence from previous rulings, the court rejected the request for damages, stating that no constitutional injury had been established. This ruling contrasts sharply with earlier judgments issued by various high courts in Sapporo, Nagoya, Osaka, Fukuoka, and a prior decision from the Tokyo High Court. Between 2021 and 2024, these courts had found certain elements of Japan’s marriage laws unconstitutional, asserting that Article 14(1) of the Constitution prohibits discrimination based on sexual orientation.

Judicial Discrepancies and Legislative Authority

The Tokyo High Court’s latest ruling emphasizes the legislature’s broad authority to define marriage. Presiding Judge Yumi Toa noted that deliberation on same-sex marriage laws should occur within the legislative framework rather than through judicial intervention. The court further stated that the distinction made by the current civil code does not constitute unconstitutional discrimination, effectively sidelining the argument that denying same-sex couples access to marriage violates the equality guarantee outlined in Article 14.

While many municipalities and prefectures in Japan offer partnership certificates for same-sex couples, these arrangements do not provide the full legal rights associated with marriage, such as automatic parental recognition, inheritance rights, and spousal tax benefits. As a result, the ruling creates a complex legal landscape in Japan, where multiple courts have issued conflicting interpretations of constitutional protections related to marriage.

The Path Forward for Marriage Equality

The decision has prompted discussions about its implications for future legal battles regarding marriage equality in Japan. Lawyers from the LGBT & Allies Network (LLAN), which has previously translated significant rulings on marriage equality, highlighted the critical nature of this ruling as it contrasts with the 2024 Tokyo High Court judgment that deemed the ban unconstitutional. The case is anticipated to advance to the Supreme Court of Japan, where a unified ruling could clarify whether the Constitution allows or mandates marriage equality.

Such a decision could also elucidate the relationship between Articles 14 and 24 of the Constitution in the context of evolving family structures in contemporary society. As the legal landscape continues to shift, advocates for LGBT rights remain hopeful for a future where same-sex marriage is recognized and protected under Japanese law.