Tokyo court upholds same-sex marriage ban, in contrast to broader judicial trend

A recent decision by the Tokyo District Court has affirmed the constitutionality of Japan's prohibition on same-sex marriage. This ruling stands in contrast to a series of progressive judgments from other courts nationwide, which had previously fueled optimism for marriage equality within the country.

The verdict was met with profound disappointment by the plaintiffs and their legal representatives, who had gathered outside the Tokyo courthouse awaiting the decision.

As the BBC reports, Japan remains the sole G7 nation that has not fully recognized same-sex partnerships or afforded them comprehensive legal protection. Globally, while a growing number of countries are embracing marriage equality, within Asia, only Taiwan, Thailand, and Nepal currently provide for same-sex marriages, highlighting a broader regional challenge.

According to reports by The Mainichi, Judge Ayumi Higashi, who delivered the verdict, suggested that legislative action and parliamentary deliberation were the appropriate avenues for addressing laws concerning same-sex marriage.

Outside the courthouse on Friday, plaintiffs and their legal team displayed signs emblazoned with phrases such as "unjust verdict," as reported by local media outlets.

Plaintiff Shino Kawachi conveyed her bewilderment to local media, stating the ruling was "difficult to comprehend." She passionately questioned the court's understanding of justice, asking, "What is justice? Was the court even watching us? Were they considering the next generation?" Her partner, Hiromi Hatogai, expressed "extreme outrage" and voiced doubts regarding the judiciary's impartiality, yet affirmed their unwavering commitment to continue the struggle for equality.

International human rights organization Amnesty International condemned the ruling, characterizing it as a "damaging step backwards on same-sex marriage." Boram Jang, Amnesty International's East Asia researcher, emphasized in a statement that "The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts." This highlights the urgent need for legislative reform.

This recent verdict concludes a series of six high court rulings on same-sex marriage lawsuits filed between 2019 and 2021, spanning various judicial districts from Sapporo to Osaka to Fukuoka. Notably, five of these prior rulings had declared the existing ban on same-sex marriage unconstitutional, even while declining the plaintiffs' claims for financial compensation. The Tokyo High Court's decision on Friday therefore stands as a notable exception within this series of judgments, which had collectively built significant momentum and optimism for the eventual legalization of same-sex marriage in Japan. These pivotal cases are now slated to advance to the Supreme Court for ultimate review.