Tokyo court rules Japan's ban on same-sex marriage is constitutional

A court in Japan has declared that the nations prohibition of same-sex marriage aligns with the constitution, countering earlier court decisions that had raised expectations for marriage equality. The decision disappointed plaintiffs and their legal team, who gathered outside the Tokyo courthouse following the announcement.

Japan remains the only G7 country that does not fully recognize same-sex partnerships or provide comprehensive legal protections. Across Asia, only Taiwan, Thailand, and Nepal currently allow same-sex marriage.

Judge Ayumi Higashi, delivering the verdict, emphasized that any changes to laws regarding same-sex marriage should first be addressed by the parliament, according to Mainichi reports.

Outside the Tokyo courthouse, plaintiffs and lawyers displayed signs calling the ruling unjust. Shino Kawachi, one of the plaintiffs, told local media that the decision was hard to understand, questioning whether the court considered justice or the impact on future generations. Her partner, Hiromi Hatogai, described feeling extremely angry and questioned whether the judiciary supported their cause, but added that they intended to continue their fight for equality.

Amnesty International criticized the ruling, labeling it a setback for same-sex marriage. Boram Jang, an East Asia researcher with the organization, stated that the Japanese government must take active steps to legalize same-sex marriage so that couples can enjoy the same rights as heterosexual couples.

Fridays verdict is the sixth high court ruling on same-sex marriage lawsuits filed between 2019 and 2021 in cities including Sapporo, Osaka, and Fukuoka. While five previous rulings declared the ban unconstitutional, they rejected plaintiffs' claims for compensation. The Tokyo high courts decision diverges from this trend and is expected to be reviewed next by the Supreme Court.

Marriage equality continues to remain out of reach for same-sex couples in Japan.

Commentary: Japan's Same-Sex Marriage Ruling and Its Implications

Japan’s recent court ruling reaffirming the constitutionality of the nation’s ban on same-sex marriage marks a significant setback for marriage equality. Despite mounting pressure and previous decisions in favor of plaintiffs seeking legal recognition, the court’s judgment on Friday, which ruled in favor of the government's stance, has left many disappointed. The legal fight, which has been ongoing since 2019, now seems poised for a continued battle as plaintiffs prepare to challenge the decision in Japan’s highest court.

The ruling was met with frustration by those advocating for same-sex marriage, as well as by human rights organizations like Amnesty International. The statement made by Judge Ayumi Higashi, emphasizing that such matters should be handled by the Japanese parliament, highlights the enduring influence of political processes in shaping social issues. This stance suggests that while judicial activism may be seen in other countries, Japan’s conservative approach remains firmly grounded in legislative deliberation.

The plaintiffs’ disappointment is understandable, given that five earlier high court rulings had found the marriage ban unconstitutional, even if those decisions did not grant compensation. The divergence in this case signals the increasing tension between the judiciary and public sentiment. As the only G7 nation that has yet to legalize same-sex marriage, Japan stands out in an otherwise progressive global context, where nations like Taiwan, Thailand, and Nepal have already extended marriage rights to same-sex couples.

The road to marriage equality in Japan remains long. Whether the Supreme Court will align with the lower courts' previous decisions or uphold the latest ruling is uncertain, but the persistent legal challenges and vocal opposition suggest that the conversation about same-sex marriage is far from over. It is clear that public pressure, especially from international human rights groups and domestic activists, will continue to play a crucial role in pushing the issue forward.

Sources:

• Japan's same-sex marriage ban is constitutional, says Tokyo court