HomepacificSame-Sex Couples Appeal to Japan’s Supreme Court to Overturn Marriage Ban

Same-Sex Couples Appeal to Japan’s Supreme Court to Overturn Marriage Ban

Tokyo, Japan — A group of same-sex couples and other plaintiffs challenging Japan’s ban on same-sex marriage have appealed to the Supreme Court, seeking to overturn a recent Tokyo High Court ruling that upheld the existing legal prohibition.

The appeal follows the November 28 decision in which the Tokyo High Court ruled that Japan’s current Civil Code and related laws—defining marriage exclusively as a union between a man and a woman—remain “reasonable under present circumstances.” This judgment stands out as the only high court ruling to support the government’s stance, while five other courts across the country have found the ban to be unconstitutional or in conflict with constitutional principles.

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The Supreme Court is expected to consolidate the arguments and issue a unified judgment covering all related cases, with a ruling anticipated next year at the earliest. The decision will be closely watched, as Japan remains the only G7 nation that does not legally recognize same-sex marriage.

At a press conference in Tokyo, attorney Takako Uesugi, who represents the eight plaintiffs, sharply criticized the Tokyo High Court’s position, calling it “extremely different” from the majority of previous rulings.

“That’s something we can never accept,” Uesugi said, urging Japan’s highest court to fulfill its role as the guardian of the Constitution and clearly declare the marriage ban unconstitutional.

Shinya Yamagata, 58, one of the plaintiffs, attended the briefing and expressed renewed hope as the case moves to the Supreme Court, emphasizing the importance of legal recognition for same-sex couples seeking equal rights.

In its ruling, the Tokyo High Court stated that the current marriage system plays a role in supporting an environment for raising children and maintained that interpreting the terms “husband and wife” to mean a man and a woman is reasonable. The court also held that Article 24 of the Constitution, which guarantees the freedom of marriage, does not extend to same-sex couples.

The Supreme Court’s upcoming decision is expected to be a defining moment in Japan’s ongoing national debate over LGBTQ+ rights and marriage equality.


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