A court in Tokyo ruled on Friday that Japans decision not to authorize same sex marriage does not violate the Constitution, marking the final judgment among six related cases that are now set to move to the Supreme Court for a potential definitive ruling next year.
The Tokyo High Court overturned a lower court decision from the previous year, stating that current marriage laws are generally understood to apply to unions between men and women. This outcome was the first defeat for groups petitioning for equal marriage rights at the high court level.
Judge Ayumi Higashi stated that defining a family as a couple and their children is a rational legal concept and that excluding same sex couples from marriage remains valid under present law. The court also rejected requests for compensation of one million yen each from eight plaintiffs seeking equal access to marriage.
After the ruling, the plaintiffs and their attorneys described the verdict as unfair and expressed their determination to continue their legal effort before the Supreme Court.
Plaintiff Hiromi Hatogai told reporters that the ruling was deeply upsetting and questioned whether the judges had heard their arguments. Another plaintiff, Rie Fukuda, said they simply wished to marry and live happily like other couples, adding that society is gradually shifting and that they will not step back.
With all six high court cases concluded, the Supreme Court is now expected to review the appeals and render a comprehensive decision.
Although discrimination persists in schools, workplaces, and daily life, public support for legal recognition of same sex marriage has grown quickly, along with support from the business sector.
Japan remains the only member of the Group of Seven nations that does not allow same sex marriage or provide any comparable legally binding partnership system for LGBTQ plus couples.
Prime Minister Sanae Takaichis governing Liberal Democratic Party holds a conservative stance on the matter and continues to resist reforms. Government officials argue that civil law marriage pertains to heterosexual couples and emphasize traditional views on reproduction.
More than thirty individuals have taken part in related lawsuits since 2019, asserting that the civil code ban on same sex marriage contradicts constitutional guarantees of equal rights and freedom to marry.
Fridays decision marks only the second time a court has upheld the current government policy, following a similar ruling by the Osaka District Court in 2022.