Tokyo Court Upholds Constitutionality of Japan’s Same-Sex Marriage Ban

Japan's Same-Sex Marriage Ban Upheld by Tokyo Court

A Tokyo district court ruled that Japan’s ban on same-sex marriage does not violate the constitution, maintaining the current legal stance that marriage should only be between a man and a woman.

The ruling contrasts with previous decisions from courts in Sapporo and Nagoya, which had suggested that the lack of legal recognition for same-sex unions could breach constitutional guarantees of equality.

Context and Legal Debate

Under Japan’s constitution, marriage is defined as being based on “the mutual consent of both sexes.” Opponents of same-sex marriage argue that the phrase explicitly means unions between a man and a woman.
Proponents of marriage equality, however, claim this interpretation is outdated and discriminatory. They contend that Japan’s refusal to recognize same-sex marriages denies equal rights and hinders social progress.

Public and Political Reactions

LGBTQ+ activists expressed disappointment, emphasizing that the decision sends a discouraging message to couples seeking legal recognition of their relationships. Polls show a growing share of the Japanese public supports same-sex marriage, particularly among younger generations.

Despite the Tokyo court’s decision, reform advocates plan to continue pressing lawmakers to revise the civil code and expand legal protections for same-sex couples.

“We will keep fighting for equality. This ruling is a setback, but it won’t stop our movement,” said an activist quoted after the hearing.

Author’s Summary: Tokyo’s court reaffirmed that Japan’s constitution restricts marriage to male-female couples, slowing the momentum for nationwide same-sex marriage rights but fueling continued activism.

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BBC BBC — 2025-11-28

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