Esther Imonmion
A Japanese high court in Tokyo on Friday ruled that the country’s ban on same-sex marriage is constitutional, dealing a setback to growing hopes for marriage equality after a series of favourable rulings in other parts of the country.
The decision, delivered by Judge Ayumi Higashi, runs contrary to five other high court rulings issued between 2023 and 2025 in cases filed from Sapporo, Osaka and Fukuoka, which had found the ban unconstitutional, though none ordered compensation.
“The issue of same-sex marriage should first be deliberated in parliament,” Judge Higashi said, according to the Mainichi newspaper.
Outside the Tokyo High Court, plaintiffs and members of their legal team gathered on Friday holding placards reading “Unjust Verdict,” local media reported.
One of the plaintiffs, Shino Kawachi, described the ruling as “difficult to comprehend.”
“What is justice? Was the court even watching us? Were they considering the next generation?” she asked.
Her partner, Hiromi Hatogai, said she was “extremely outraged” and questioned whether the judiciary was “on our side.” She added that they would “keep fighting.”
Rights group Amnesty International condemned the ruling, calling it “a damaging step backwards on same-sex marriage.”
“The Japanese government needs to be proactive in moving toward the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts,” said Boram Jang, the group’s East Asia researcher.
Japan remains the only G7 country that does not fully recognise same-sex unions or offer comprehensive legal protection to same-sex couples. Within Asia, only Taiwan, Thailand and Nepal currently allow same-sex marriage.
Friday’s ruling marks the final high court decision among six cases filed between 2019 and 2021 challenging the constitutionality of the marriage ban. The lawsuits will now proceed to the Supreme Court, where a final judgment is expected.