In response to today’s Tokyo High Court decision that endorsed the Japanese government ban on same-sex marriage, Amnesty International’s East Asia Researcher Boram Jang said:
“The court’s decision today marks a significant step backwards for marriage equality in Japan. The ruling in Tokyo – the final high court ruling of six lawsuits filed across the country and the only ruling to say, in effect, that discrimination against same-sex couples is constitutional – cannot be allowed to hamper progress. But it should serve as a warning of the reluctance to acknowledge the concept of same-sex marriage and the reality of same-sex couples living in Japan.
“While these cases work their way to the Supreme Court, the government can resolve this issue through legislation without further delay. The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts.
“Japan remains the only G7 country without legal recognition for same-sex couples. The law passed by the government in 2023 to promote understanding of LGBTI people is not enough. There need to be solid, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination.”
Background
On 28 November 2025, Tokyo High Court ruled in favour of Japan’s ban on same-sex marriage outlining that the ban does not violate Article 24(1) and (2) and Article 14 (1) of the Constitution. However, Presiding Judge Yumi Tōa stated that if the current situation continues, “it is inevitable that constitutional violations will arise” and that “the issue should first be thoroughly deliberated in the Diet.”
This decision marks the last high court ruling of six lawsuits filed.
In 2019, five lawsuits were filed in Tokyo, Osaka, Nagoya, Sapporo and Fukuoka with an additional lawsuit filed in Tokyo in 2021.
Sapporo High Court was the first high court to hand down a decision on the issue. In March 2024, the court ruled that the provisions of the Civil Code and the Family Register Act that do not recognize same-sex marriage are unconstitutional, as they violate Article 24(1) and (2) and Article 14 (1) of the Constitution.
Other high court decisions followed with Tokyo High Court finding that the same-sex marriage ban violated Article 24(2) and Article 14(1) of the Constitution in October 2024. Shortly after in December 2024, Fukuoka High Court came to a similar decision but also outlined a violation of Article 13 of the Constitution which details the right to pursue happiness.
In March 2025, both Nagoya High Court and Osaka High Court ruled the ban on same-sex marriage was unconstitutional as it violated Article 24(2) and Article 14(1) of the Constitution.
With all high court decisions made, the cases await a Supreme Court ruling.
The post Japan: Last high court ruling a damaging step backwards on same-sex marriage appeared first on Amnesty International.
