A Japanese high court has upheld the nation’s ban on same-sex marriage, breaking from a recent pattern of rulings that had fueled optimism among LGBTQ+ advocates.
The decision, delivered in Tokyo, stands in contrast to several earlier judgments across the country that deemed the ban unconstitutional.
The announcement was met with visible disappointment from the plaintiffs and their lawyers, who gathered outside the courthouse holding signs that read “unjust verdict”, according to local reports.
Japan remains the only G7 nation without full legal recognition or protections for same-sex couples, aligning more closely with the broader Asian region, where only Taiwan, Thailand, and Nepal currently allow same-sex marriage.
Judge Ayumi Higashi, who presided over the case, stated that any move toward legalizing same-sex marriage should be taken up by parliament first, as reported by the Mainichi newspaper.
Reacting to the ruling, plaintiff Shino Kawachi told local media it was “difficult to comprehend”, adding: “What is justice? Was the court even watching us? Were they considering the next generation?”
Her partner, Hiromi Hatogai, said she was “extremely outraged” and questioned whether the judiciary was “on our side”, though she emphasized that they would “keep fighting”.
Human rights organization Amnesty International condemned the judgment, calling it “a damaging step backwards on same-sex marriage”.
In a statement, Boram Jang, the group’s East Asia researcher, urged authorities to act, saying the Japanese government must move towards legalizing same-sex marriage so couples can fully access the same rights as heterosexual partners.
This Tokyo ruling is the final decision among six high court challenges brought between 2019 and 2021, stretching from Sapporo to Osaka and Fukuoka.
Five of those courts previously found the ban unconstitutional, even though they stopped short of awarding damages.
The dissenting verdict from Tokyo now stands alone among the series of rulings that had strengthened hopes for nationwide marriage equality.
All cases are expected to proceed to the Supreme Court next.
