Tokyo High Court Affirms Ban on Same-Sex Marriage Rights

The Tokyo High Court has upheld Japan’s ban on same-sex marriage, deciding on March 15, 2024, that the existing legal framework limiting marriage to opposite-sex couples does not breach the Constitution. The court dismissed claims from plaintiffs who argued that the law infringes upon constitutional guarantees of equality and individual dignity. Furthermore, it rejected requests for damages, stating that the plaintiffs did not establish a constitutional injury.

This ruling marks a significant departure from previous decisions made by various high courts across Japan between 2021 and 2024. Courts in cities such as Sapporo, Nagoya, Osaka, and Fukuoka found portions of the marriage framework unconstitutional. These earlier judgments referenced Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation. They also highlighted Article 24’s requirement that marriage and family law be rooted in “individual dignity” and “essential equality of the sexes.”

In contrast, the recent ruling by Presiding Judge Yumi Toa emphasized that the legislature possesses broad discretion in defining marriage. The court concluded that discussions surrounding same-sex marriage should take place within the legislative body rather than through judicial intervention. The court further maintained that the distinction made in the civil code regarding marriage does not constitute unconstitutional discrimination under Article 14.

While some municipalities and prefectures in Japan provide recognition of same-sex couples through partnership certificates, these do not extend the full legal rights associated with marriage, such as automatic parental recognition, inheritance rights, and spousal tax benefits. This limitation underscores the ongoing inequalities faced by same-sex couples in Japan.

The ruling has created a notable inconsistency among Japan’s courts, resulting in a lack of uniform interpretation regarding constitutional protections for marriage. Legal representatives from the LGBT & Allies Network (LLAN), who have previously translated significant marriage-equality rulings, have pointed out the implications of this decision, particularly in relation to a 2024 Tokyo High Court judgment that deemed the ban unconstitutional.

As the legal landscape continues to evolve, the matter is expected to escalate to the Supreme Court of Japan. A definitive ruling would not only address whether the Constitution permits or mandates marriage equality but could also clarify the relationship between Articles 14 and 24, particularly in light of contemporary family structures.

The outcome of this case holds significant implications for the future of same-sex marriage rights in Japan, as the nation grapples with balancing traditional legal definitions against the growing call for equality and recognition of diverse family forms.