Tokyo High Court Upholds Ban on Same-Sex Marriage Rights

The Tokyo High Court delivered a decisive ruling on March 1, 2024, affirming the ban on same-sex marriage in Japan. This final appellate decision concluded that the existing statutory framework, which limits marriage to opposite-sex couples, does not infringe upon the Constitution of Japan. The court dismissed claims from plaintiffs who argued that this limitation breached constitutional guarantees of equality and individual dignity.

In its ruling, the court rejected the plaintiffs’ request for damages, stating that no constitutional injury had been established. This decision stands in stark contrast to several prior high court rulings from 2021 to 2024. Courts in cities such as Sapporo, Nagoya, Osaka, and Fukuoka had previously deemed certain aspects of the marriage framework unconstitutional. Those courts based their judgments on Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and Article 24, which emphasizes the importance of individual dignity and equality in family law.

The latest ruling, presided over by Judge Yumi Toa, asserted that the legislature possesses broad authority to define marriage. The court emphasized that discussions concerning same-sex marriage should be thoroughly deliberated within legislative bodies. It also rejected claims that the denial of marriage rights to same-sex couples violates the equality guarantee in Article 14, maintaining that the distinctions drawn from the current civil code do not constitute unconstitutional discrimination.

While many municipalities and prefectures in Japan provide recognition for same-sex couples through partnership certificates, these arrangements lack the comprehensive legal rights associated with marriage. Rights such as automatic parental recognition, inheritance, and spousal tax benefits remain inaccessible to same-sex couples under the current framework.

The decision has sparked significant debate and leaves Japan with a fragmented legal landscape regarding marriage equality. The divergence between this ruling and the earlier 2024 Tokyo High Court judgment, which declared the ban unconstitutional, highlights the conflicting interpretations of constitutional protections concerning marriage.

Legal representatives from the LGBT & Allies Network (LLAN), an organization known for translating pivotal marriage-equality rulings, have noted the importance of this latest outcome. The ruling is anticipated to escalate to the Supreme Court of Japan, which could provide a unified interpretation of the Constitution regarding marriage equality. A definitive ruling from the Supreme Court would clarify whether the Constitution allows for or mandates marriage equality, and elucidate the relationship between Articles 14 and 24 in the context of modern family structures.

As discussions progress, the implications of this ruling extend beyond legal parameters, affecting the lives of many individuals and couples across Japan who seek equal recognition in marriage.