The Tokyo High Court ruled on March 15, 2024, that Japan’s ban on same-sex marriage does not violate the nation’s Constitution. This decision marks the conclusion of the last major appellate case regarding the issue and dismisses claims that the current legal framework infringes on constitutional guarantees of equality and individual dignity. The court stated that the plaintiffs failed to demonstrate any constitutional injury.
This ruling contrasts sharply with previous judgments from various high courts across Japan, including those in Sapporo, Nagoya, Osaka, and Fukuoka, which had found parts of the marriage framework unconstitutional between 2021 and 2024. These courts argued that Article 14(1) of the Constitution prohibits discrimination based on sexual orientation and emphasized that marriage laws should reflect “individual dignity” and the “essential equality of the sexes” as outlined in Article 24.
In the latest ruling, Presiding Judge Yumi Toa affirmed that the legislative body retains considerable authority to define marriage, stating that the matter should be thoroughly deliberated in the legislature. The court also rejected the argument that preventing same-sex couples from marrying violates the equality guarantees of Article 14, stating that distinctions based on the civil code do not constitute unconstitutional discrimination.
While many municipalities and prefectures in Japan issue partnership certificates to same-sex couples, these do not provide the same legal rights as marriage, such as automatic parental recognition and inheritance rights. As a result, the ruling creates a significant inconsistency in how marriage rights are interpreted across different jurisdictions within Japan.
The decision leaves Japan without a unified legal interpretation concerning constitutional protections related to marriage. Lawyers from the LGBT & Allies Network (LLAN), which has translated key marriage-equality rulings, pointed out the notable divergence between this ruling and a prior Tokyo High Court decision from 2024 that deemed the same-sex marriage ban unconstitutional.
This ruling is expected to advance to the Supreme Court of Japan, where a unified decision could clarify whether the Constitution permits or mandates marriage equality. Such a ruling could also elucidate the relationship between Articles 14 and 24 in the context of contemporary family structures, potentially reshaping the legal landscape for same-sex couples in Japan.
