by WorldTribune Staff, December 2, 2025 Real World News
The Tokyo High Court on Friday ruled Japan's ban on same-sex marriage is constitutional.
The court concluded that the legislature retains broad discretion to define marriage, with Presiding Judge Yumi Toa affirming that provisions governing same-sex marriage ought to be thoroughly debated in the legislature.
The court also rejected the argument that denying same-sex couples access to marriage infringes Article 14’s equality guarantee, holding that distinctions grounded in the current civil code definition do not amount to unconstitutional discrimination.
The issue is now expected to proceed to the Supreme Court of Japan.
New Japanese Prime Minister Sanae Takaichi opposes same-sex marriage. She references Article 24 of Japan's Constitution, which states: "Marriage shall be based only on the mutual consent of both sexes."
At the local level, 541 municipalities — covering approximately 93% of Japan's population — offer partnership certificates, according to Marriage for All Japan. But these certificates are not legally binding and provide none of the rights attached to marriage, such as inheritance or joint tax filing.
Friday's ruling was met with disappointment from plaintiffs and their legal team who had gathered outside the Tokyo courthouse.
Shino Kawachi, one of the plaintiffs, told local media that the ruling was "difficult to comprehend. What is justice? Was the court even watching us? Were they considering the next generation?" she told local media.
In all of Asia, only Taiwan, Thailand, and Nepal allow same-sex marriages.
