Japanese court upholds same-sex marriage ban 

Tokyo’s highest court has ruled the country’s marriage laws do not violate its constitution, breaking from several regional rulings that had questioned the legality of its same-sex marriage ban.

Japan remains the only G7 nation that does not legally recognize same-sex marriages. While this distinction places it outside the trend among highly developed Western countries, it is not unusual in East Asia, where only Taiwan, Thailand and Nepal recognize such unions.

Judge Ayumi Higashi delivered the ruling, which emphasized any change to the marriage law must come from the legislative body. The judge said the issue should be considered by parliament before the courts attempt to redefine family structure, BBC reports. 

The decision disappointed the liberal plaintiffs, who had argued Japan’s constitution protects their claims to marriage rights. Outside the courthouse, they held signs calling the verdict unfair. One plaintiff, Shino Kawachi, told local reporters the ruling was “difficult to comprehend.”  

Opponents of same-sex marriage say the court made the right call. 

They argue marriage has always meant a union between a man and a woman and the government should not let activists pressure it into rewriting historical family norms to satisfy activist demands. They also warn quick legal changes could weaken protections for children and parents and say lawmakers should not reshape an institution predating the modern state. 

Prime Minister Sanae Takaichi opposes same-sex marriage, though she called it an “extremely difficult issue” in a 2023 interview. 

Last week’s ruling was the final high court decision on six lawsuits filed across Japan between 2019 and 2021. 

Five previous courts found the marriage ban unconstitutional but still denied compensation to the plaintiffs. Those mixed rulings had placed pressure on national leaders to take a position, but lawmakers have not moved the issue forward. 

The plaintiffs plan to bring the case to the Supreme Court of Japan. This next step could settle a national debate that has gained prominence in Japan over the past several years.