The Tokyo High Court made a significant ruling on Friday, determining that Japan’s lack of recognition for same-sex marriages is constitutional. This decision positions it as the first high court in the country to assert such a stance, diverging from five earlier court rulings that deemed the denial of same-sex marriage rights unconstitutional.
For supporters of LGBTQ+ rights, this ruling represents a considerable setback in their ongoing struggle for equality with heterosexual couples. The recent judgment also overturned a district court decision from 2024, which had described Japan’s legislation against same-sex marriages as being in a “state of unconstitutionality.” This terminology is a close approximation to labeling it outright unconstitutional.
The case originated from a nationwide initiative started in 2019 by the nonprofit organization Marriage for All Japan. Eight plaintiffs, inclusive of a transgender man, brought the Tokyo case forward, arguing that existing laws such as the Civil Code and Family Registration Act unlawfully exclude them from the institution of marriage. They contended that this exclusion denies them essential legal protections that heterosexual couples enjoy. In pursuit of justice, the plaintiffs sought damages amounting to ¥1 million (approximately $6,400) for each individual affected.
As legal battles continue over the recognition of same-sex marriage in Japan, this ruling highlights the complex and ongoing relationship between societal values and legal frameworks in addressing equality. Despite the setback, advocates for LGBTQ+ rights remain resilient, fostering hope for future advancements. The conversation surrounding marriage equality in Japan is far from over, and many continue to push for reform that recognizes and protects the rights of all individuals, regardless of sexual orientation.