Japan’s refusal to legalize same-sex marriage was ruled constitutional Friday by the Tokyo High Court, marking the last of six similar cases expected to be appealed to the Supreme Court for a final decision, possibly next year.
The high court reversed a lower court ruling from last year, concluding that under current law, marriage is generally understood as a union between a man and a woman. Judge Ayumi Higashi stated that defining a family as a couple with children is reasonable and upheld the exclusion of same-sex couples. The court also denied claims for damages of 1 million yen ($6,400) sought by eight plaintiffs advocating for marriage equality.
Plaintiffs expressed disappointment but pledged to continue their fight at the Supreme Court. “I’m so disappointed,” said Hiromi Hatogai outside the court. “We only want to be able to marry and be happy, just like anyone else,” added plaintiff Rie Fukuda.
With all six high court rulings concluded, the Supreme Court is expected to consolidate the appeals and issue a definitive ruling.
Public support for same-sex marriage in Japan has grown, especially in the business sector, despite ongoing discrimination in schools and workplaces. Japan remains the only Group of Seven country that does not recognize same-sex marriage or offer legally binding protections for LGBTQ+ couples.
The conservative ruling Liberal Democratic Party, led by Prime Minister Sanae Takaichi, opposes same-sex marriage, emphasizing civil law’s focus on heterosexual unions and natural reproduction. Since 2019, more than 30 plaintiffs nationwide have challenged the law, citing constitutional rights to equality and freedom of marriage.
Friday’s ruling was only the second high court decision upholding the government’s policy, following the 2022 Osaka District Court judgment. The Supreme Court’s forthcoming decision is expected to set the country’s legal precedent on marriage equality.