Tokyo, December 01, 2025
The Tokyo High Court ruled on November 28, 2025, that Japan’s ban on same-sex marriage is constitutional, reversing a lower court’s decision and upholding the civil code provisions that restrict marriage to opposite-sex couples, citing traditional societal values and child-rearing norms.
Tokyo High Court Decision and Rationale
The Tokyo High Court overturned the 2024 ruling by the Tokyo District Court, which had declared Japan’s same-sex marriage ban unconstitutional but rejected claims for damages. In its ruling, the High Court emphasized that nearly all children in Japan are born and raised by married opposite-sex couples, framing this reality as central to the legal definition of marriage. This traditional interpretation led the court to uphold the constitutionality of the current legal framework, a position sharply criticized by advocates for sexual minority rights.
Contrasting Judicial Landscape
This verdict marks the first instance of a high court affirming the constitutionality of the same-sex marriage ban, diverging from previous judgments nationwide. Since 2019, Japan’s courts have seen six lawsuits contesting the ban, producing mixed outcomes. While multiple district courts and other high courts ruled the ban unconstitutional or incompatible with constitutional guarantees, the Tokyo High Court’s ruling introduces a judicial split at high court levels, complicating the legal landscape around marriage equality in Japan.
Government Position and Societal Implications
The ruling arrives amid Japan’s conservative political backdrop, where the ruling Liberal Democratic Party (LDP) has resisted efforts to initiate legislative reforms recognizing same-sex marriage. Despite growing activism and calls by some lawmakers to advance marriage equality, the government has largely refrained from endorsing such changes. The High Court’s decision has intensified frustration among marriage equality supporters who view the ruling as a setback that ignores the rights and dignity of sexual minorities.
Broader Impact and Ongoing Challenges
The Tokyo High Court’s judgment underscores the ongoing tension between evolving societal attitudes toward LGBTQ+ rights and established legal and cultural norms in Japan. The judicial divergence signals continued uncertainty and protracted legal battles regarding same-sex marriage recognition. For policymakers, legal experts, and advocates, this ruling highlights the need for clearer legislative guidance and the potential for further appeals aiming to reconcile civil rights with cultural tradition in Japan.
As Japan continues to navigate these complex issues, the Tokyo High Court’s decision represents a significant moment in the broader debate over marriage equality and constitutional interpretation, reflecting persistent challenges in securing legal recognition and equality for same-sex couples in the country.