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Tokyo High Court Upholds Ban on Same‑Sex Marriage, Setting Up Supreme Court Showdown

The Tokyo High Court ruled that Japan's refusal to legalize same‑sex marriage is constitutional, reversing a lower court and marking the first high‑court defeat for marriage‑equality claimants among six related cases. The court rejected damage claims by eight LGBTQ+ plaintiffs and held that defining family as a couple and their children is a rational legal position. All six cases are expected to be consolidated and appealed to the Supreme Court, which will deliver a final ruling. Japan remains the only G7 country without legal recognition or binding protections for same‑sex couples.

12:12 PM, 11/28/2025Society
Tokyo High Court Upholds Ban on Same‑Sex Marriage, Setting Up Supreme Court Showdown

The Tokyo High Court ruled on Friday that Japan's current refusal to legalize same‑sex marriage is constitutional, delivering the first high‑court setback for couples pursuing marriage equality among six related cases now headed to the Supreme Court.

In reversing a lower court decision from last year, the court said that under existing civil law marriage is largely presumed to be a union between a man and a woman. Judge Ayumi Higashi wrote that treating the family as a unit composed of a couple and their children is a rational legal position and therefore the exclusion of same‑sex couples from civil marriage is lawful. The court also rejected claims for damages of 1 million yen (about $6,400) sought by eight plaintiffs from the LGBTQ+ community.

"I'm so disappointed," plaintiff Hiromi Hatogai told reporters outside the court. "Rather than sorrow, I'm outraged and appalled by the decision. Were the judges listening to us?"

"We only want to be able to marry and be happy, just like anyone else," said fellow plaintiff Rie Fukuda. "I believe the society is changing. We won't give up."

With all six high‑court cases concluded, the appeals are expected to be consolidated and taken up by the Supreme Court, which will issue a final, definitive ruling that could come next year.

Context and next steps

Advocates say discrimination against LGBTQ+ people persists in schools, workplaces and elsewhere, even as public support for same‑sex marriage and backing from parts of the business community have grown. Japan remains the only Group of Seven country that does not recognize same‑sex marriage or provide other legally binding protections for same‑sex couples.

Prime Minister Sanae Takaichi and the conservative ruling Liberal Democratic Party have opposed extending marriage under civil law to same‑sex couples; government statements have emphasized a traditional view of marriage connected to natural reproduction. More than 30 plaintiffs have joined marriage‑equality lawsuits filed across Japan since 2019, arguing that statutory bans violate constitutional guarantees of equality and freedom to marry.

Friday's decision was the second court ruling to find the government's policy constitutional, following a 2022 Osaka District Court judgment. Plaintiffs and their lawyers said they will continue to press their case before the Supreme Court.

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Tokyo High Court Upholds Ban on Same‑Sex Marriage, Setting Up Supreme Court Showdown - CRBC News