The Tokyo High Court has delivered a significant ruling regarding same-sex marriage, affirming that Japan’s existing law, which restricts marriage to opposite-sex couples, does not breach the nation’s Constitution. This decision, issued on March 15, 2024, dismissed claims from plaintiffs arguing that the law violates constitutional protections for equality and individual dignity. The court’s conclusion stands in stark contrast to previous rulings from other high courts across Japan.
Between 2021 and 2024, courts in various cities, including Sapporo, Nagoya, Osaka, and Fukuoka, found elements of the current marriage framework unconstitutional. These rulings cited Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and emphasized Article 24, which mandates that marriage and family law should uphold “individual dignity” and the “essential equality of the sexes.” In contrast, the latest ruling determined that the legislature has broad authority to define marriage, with Presiding Judge Yumi Toa asserting that the issue of same-sex marriage should be thoroughly debated within legislative bodies.
The court also dismissed the argument that the denial of marriage rights to same-sex couples infringes on the equality guarantee outlined in Article 14. It stated that the distinctions made in current civil code definitions do not constitute unconstitutional discrimination. While some municipalities and prefectures in Japan provide partnership certificates for same-sex couples, these arrangements lack the comprehensive legal rights that marriage entails, such as automatic parental recognition, inheritance rights, and spousal tax benefits.
This ruling creates a notable division among Japanese courts, which leaves the nation without a consistent interpretation of constitutional protections related to marriage. Legal representatives from the LGBT & Allies Network (LLAN), which has previously translated significant marriage-equality rulings, highlighted the importance of this divergence compared to the 2024 decision from the Tokyo High Court, which had previously deemed the ban unconstitutional.
The next steps in this legal journey are likely to lead to the Supreme Court of Japan. A unified ruling from the Supreme Court could clarify whether the Constitution allows or mandates marriage equality, while also addressing the relationship between Articles 14 and 24 in the context of modern family structures. As the debate continues, the future of same-sex marriage rights in Japan remains uncertain, with many advocates hopeful for a comprehensive legal framework that recognizes equality for all couples.
