Tokyo Court Deals Blow to Same-Sex Marriage Rights in Japan

In a disappointing decision on Friday, the Tokyo High Court has upheld the government’s ban on same-sex marriage as constitutional.

Presiding Judge Ayumi Higashi ruled in a case filed by eight plaintiffs that defining marriage and the core of the family unit as only possible between a man and a woman is rational and valid.

Judge Acknowledges Future Constitutional Concerns

Despite upholding the ban, the judge acknowledged that “it is inevitable that constitutional violations will arise” and urged that “the issue should first be thoroughly deliberated” in Japan’s parliament.

“We only want to be able to marry and be happy, just like anyone else,” one of the plaintiffs, Rie Fukuda, told journalists outside the court.

Human Rights Groups Condemn the Decision

The ruling drew strong criticism from human rights groups. “The court’s decision today marks a significant step backwards for marriage equality in Japan,” said Amnesty International’s East Asia Researcher, Boram Jang, who stressed that the decision “cannot be allowed to hamper progress.”

She noted that Japan remains the only G7 country without legal recognition for same-sex couples, adding: “There need to be solid, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination.”

Tokyo Rainbow Pride said in a statement that the court’s decision was “deeply disappointing,” vowing to continue the fight for marriage equality and asserting: “Love deserves recognition. Rights deserve protection.”

An Outlier Among Recent Court Cases

The Tokyo ruling stands out among six similar same-sex marriage cases taken to high courts around the country between 2019 and 2021. The five earlier decisions all supported the constitutional right of same-sex couples to marry.

Now that all the cases have been decided by high courts, they are expected to go before Japan’s Supreme Court for a unified ruling on the matter.

Calls for Legislative Action

“While these cases work their way to the Supreme Court, the government can resolve this issue through legislation without further delay,” urged Boram Jang. “The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts.”

Same-sex marriage rights remain limited in Asia, with only Nepal, Taiwan, and Thailand providing marriage equality in the region.