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

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(1) News related to events and topics or subjects or issues

A Japanese court has ruled that the country’s ban on same-sex marriage is constitutional, breaking the trend set by several other courts across Japan that had previously found the ban unconstitutional. This verdict, delivered by Judge Ayumi Higashi at the Tokyo High Court, disappointed plaintiffs and supporters who gathered outside the courthouse holding signs that read “unjust verdict.” Japan remains the only G7 nation that does not recognise same-sex marriage, and only a few Asian countries—Taiwan, Thailand, and Nepal—currently allow such marriages. Despite five earlier high court rulings nationwide finding the ban unconstitutional, this Tokyo ruling stands as a major setback for LGBTQ+ rights activists.


(2) Causes of events and topics or subjects or issues

The Tokyo High Court stated that any change to the marriage system, including the recognition of same-sex marriage, must be deliberated and enacted by Japan’s parliament rather than through judicial intervention. The ruling reflects Japan’s traditionally conservative social and political attitudes, where lawmakers have been slow to adopt reforms regarding LGBTQ+ rights. Legal ambiguity and a lack of clear protections for same-sex couples persist because legislative bodies have not taken action. While earlier court rulings across Sapporo, Osaka, and other regions leaned toward recognising the inequality faced by same-sex couples, this decision emphasises legislative authority over judicial reinterpretation.


(3) Lessons to be learned from events and topics or subjects or issues

This case highlights the importance of continued advocacy, public awareness, and political engagement in securing equal rights for minority groups. It shows that social change often requires both judicial recognition and legislative reform, and setbacks in one arena do not end the broader struggle. The disappointment expressed by plaintiffs and organisations like Amnesty International underscores the need for persistent efforts to ensure equal marriage rights and legal protections. The ruling serves as a reminder that progress is not always linear, and achieving equality demands sustained pressure on political leaders and institutions to act in favour of human rights.