TOKYO – A Japanese court on Friday ruled that the country’s ban on same-sex marriage is constitutional, becoming the only high court to uphold the state’s position among six rulings on similar lawsuits filed nationwide.
The Tokyo High Court concluded the current civil law provisions that do not allow same-sex marriage are still reasonable under the current circumstances, in contrast with five earlier high court rulings in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka that said the lack of legal recognition of same sex marriage violated the Constitution. Those other rulings, however, all rejected compensation claims.
In handing down the ruling on the last of six lawsuits challenging the same-sex marriage ban, Presiding Judge Ayumi Higashi said provisions on same-sex marriage “should first be thoroughly discussed in parliament.”
The Supreme Court is expected to issue a unified decision next year at the earliest.
In the latest lawsuit, eight plaintiffs in their 40s to 60s had sought 1 million yen ($6,400) in damages each, arguing civil law provisions that do not allow same-sex marriage violate the right to equality ensured under the Constitution and its guarantee of freedom of marriage.
The government denied that the provisions are unconstitutional, arguing that the Constitution defines marriage as between a man and a woman.
The plaintiffs had appealed a Tokyo District Court ruling in March 2024 that found the situation to be “in a state of unconstitutionality” but rejected their damages claims.
Among 12 high and lower court rulings so far, the Osaka District Court verdict had been the only one to rule that the lack of legal recognition is constitutional.
Article 24 of the Constitution, which guarantees the freedom of marriage, stipulates, “Marriage shall be based only on the mutual consent of both sexes.”
Japan remains the only Group of Seven country not to have legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.
