Tokyo High Court Upholds Same-Sex Marriage Ban

Court Decision

On Friday, a Japanese court in Tokyo ruled that the country's ban on same-sex marriage is constitutional. Presiding Judge Ayumi Higashi indicated that legislation regarding same-sex marriage should first undergo deliberation in parliament, as reported by Mainichi.

International and Regional Context

Japan is currently the sole G7 nation that does not provide full legal recognition or clear legal protections for same-sex couples. Within Asia, Taiwan, Thailand, and Nepal are among the countries that permit same-sex marriages.

Responses to the Verdict

Plaintiffs involved in the lawsuit and their legal representatives expressed disappointment following the verdict delivered outside the Tokyo courthouse, with local media reporting signs that read "unjust verdict." Shino Kawachi, a plaintiff, described the ruling as "difficult to comprehend." Her partner, Hiromi Hatogai, stated their intention to "keep fighting" the decision. Amnesty International characterized the ruling as "a damaging step backwards on same-sex marriage," with East Asia researcher Boram Jang urging the Japanese government to proactively work towards legalizing same-sex marriage.

Legal Precedent and Future Steps

This verdict from the Tokyo high court is one of six high court rulings on same-sex marriage lawsuits filed across Japan between 2019 and 2021, encompassing courts from Sapporo to Osaka to Fukuoka. Five of these prior rulings had found the ban unconstitutional, though they rejected compensation claims made by plaintiffs. The Tokyo ruling diverges from this trend of previous verdicts. All cases are slated to proceed to the Supreme Court.