A Tokyo District Court ruled on November 29, 2025, that Japan’s ban on same-sex marriage is constitutional, defying a string of recent pro-LGBT rulings across the country. Judge Ayumi Higashi determined that Article 24 of the Constitution, which states “Marriage shall be based only on the mutual consent of both sexes,” does not extend to homosexual relationships. The decision aligns with a prior Osaka District Court ruling, marking the second such affirmation amid 12 total cases, while five high courts have deemed the ban unconstitutional but issued only symbolic judgments without invalidating laws or awarding compensation.
The plaintiffs, challenging the exclusion of same-sex couples from legal marriage, immediately announced plans to appeal to Japan’s Supreme Court, potentially in 2026. Higashi emphasized that preserving traditional marriage between a man and a woman supports child-rearing and is a reasonable interpretation of terms like “husband and wife” in family law. She urged lawmakers to debate any changes to same-sex marriage legislation through parliamentary channels rather than judicial fiat.
Japan stands among a few developed nations, including Italy, South Korea, and the Czech Republic, yet to legalize same-sex marriage. The ruling delivers a setback to the LGBT movement in East Asia, contrasting with mounting judicial pressure for reform. New Prime Minister Sanae Takaichi opposes same-sex marriage, yet broader opinion polls indicate strong societal backing: a 2023 Pew survey found 70% of Japanese support legalization—the highest rate among Asian nations surveyed—fueling ongoing activism and litigation.
Discussion about this post