Tokyo High Court Upholds Ban on Same-Sex Marriage

The Tokyo High Court delivered a significant ruling on March 15, 2024, affirming Japan’s ban on same-sex marriage. The court determined that the existing legal framework, which restricts marriage to opposite-sex couples, does not violate the Constitution of Japan. This decision dismissed the plaintiffs’ assertions that their constitutional rights to equality and individual dignity were breached, and it denied their request for damages.

This ruling stands in stark contrast to several previous high court decisions issued between 2021 and 2024. Courts in cities including Sapporo, Nagoya, Osaka, and Fukuoka had previously identified aspects of the current marriage framework as unconstitutional. Those courts referenced Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and pointed to Article 24, which mandates that marriage and family law must uphold “individual dignity” and “essential equality of the sexes.”

Judicial Discrepancies and Legislative Authority

The latest ruling, presided over by Judge Yumi Toa, concluded that the legislature possesses broad authority to define marriage. Judge Toa emphasized that matters concerning same-sex marriage should be deliberated thoroughly within legislative bodies. In rejecting the argument that the denial of marriage rights to same-sex couples violates Article 14’s equality guarantee, the court maintained that distinctions based on the civil code definition of marriage do not constitute unconstitutional discrimination.

Many municipalities and prefectures across Japan have taken steps to recognize same-sex couples through partnership certificates. However, these certificates do not confer the full range of legal rights associated with marriage, such as automatic parental recognition, inheritance rights, and spousal tax benefits.

The ruling has created a complex legal landscape, leading to inconsistencies among court interpretations regarding constitutional protections for marriage. Legal representatives from the LGBT & Allies Network (LLAN), which has previously translated significant marriage-equality rulings, highlighted the importance of the divergence between this decision and a previous 2024 Tokyo High Court ruling that deemed the same-sex marriage ban unconstitutional.

Next Steps in Judicial Review

As the issue is expected to escalate to the Supreme Court of Japan, a unified ruling could clarify whether the Constitution permits or mandates marriage equality. Such a decision would also address the relationship between Articles 14 and 24 in the context of modern family dynamics.

The outcome of this legal battle holds critical implications for the future of marriage rights in Japan, as advocates continue to push for equality and recognition of same-sex relationships.