Tokyo Court Deals Blow to Marriage Equality Campaign
In a significant setback for LGBTQ+ rights advocates, the Tokyo High Court has ruled that Japan's refusal to legalise same-sex marriage is constitutional. The decision, delivered on Friday 28th November 2025, reverses a lower court's ruling from the previous year and marks the first loss at the high court level in a series of six landmark cases.
This ruling represents the final high court decision amongst these cases, effectively setting the stage for a definitive Supreme Court judgement, which is anticipated to take place possibly next year.
A Rationale for Exclusion and a Dismissal of Damages
Presiding Judge Ayumi Higashi justified the ruling by stating that the legal definition of a family as a unit between a couple and their children is rational. The court concluded that the exclusion of same-sex couples from marriage is therefore valid under this interpretation.
Furthermore, the court dismissed claims for damages of 1 million yen (£6,400) each sought by the eight LGBTQ+ plaintiffs who were fighting for equal marital rights.
Plaintiffs' Outrage and Resolve to Continue the Fight
The plaintiffs and their legal team expressed profound disappointment with the verdict, but emphasised their determination to see the battle through to the Supreme Court.
"I'm so disappointed," plaintiff Hiromi Hatogai told reporters outside the courthouse. "Rather than sorrow, I'm outraged and appalled by the decision. Were the judges listening to us?"
Another plaintiff, Rie Fukuda, voiced the campaign's core desire, stating, "We only want to be able to marry and be happy, just like anyone else. I believe society is changing. We won't give up."
With all six high court cases now concluded, the path is clear for the Supreme Court to consolidate the appeals and issue a final, nation-wide decision on the matter.
This Tokyo ruling is only the second to find the current government policy constitutional, following a similar 2022 decision by the Osaka District Court. Japan remains the only member of the G7 group of industrialised nations that does not recognise same-sex marriage or offer any other form of legally binding protection for LGBTQ+ couples.
The conservative ruling Liberal Democratic Party, led by Prime Minister Sanae Takaichi, continues to be the primary political opponent of same-sex marital rights. The government's position maintains that marriage under civil law does not encompass same-sex couples and emphasises the importance of natural reproduction.
Since 2019, more than 30 plaintiffs have been involved in marriage equality lawsuits filed across Japan. They argue that the civil law provisions which effectively bar same-sex marriage violate the constitutional right to equality and freedom of marriage.
Despite the legal challenges, public backing for legalising same-sex marriage and support within the business community have grown rapidly in recent years, even as discrimination persists in schools, workplaces, and other areas of society.
