The Tokyo High Court on Friday ruled that Japan’s failure to recognize same-sex marriages is constitutional, the first and only court to do so at the high court level after five other similar rulings deeming it as unconstitutional.
Friday’s ruling was a painful setback for LGBTQ+ supporters seeking equal rights to heterosexual couples. It also overturned a 2024 district court ruling that stated that Japanese legislation, in not permitting same-sex marriages, is in a “state of unconstitutionality,” a legal wording that is just short of saying it is unconstitutional.
The case is part of a nationwide campaign launched in 2019 by nonprofit organization Marriage for All Japan. Eight plaintiffs, including a transgender man, filed the Tokyo case, arguing that the Civil Code and Family Registration Act unlawfully exclude them from marriage and deny them basic legal protections afforded to heterosexual couples. They had sought ¥1 million ($6,400) in damages per person.
