Tokyo High Court says same-sex marriage ban constitutional

TOKYO(Japan): A Japanese court has upheld the country’s ban on same-sex marriage as constitutional, making the Tokyo High Court the only high court so far to support the government’s stance among six similar lawsuits filed nationwide, Kyodo News reported.

The court ruled that current civil law provisions preventing same-sex couples from marrying remain reasonable under existing conditions. This contrasts with earlier high court decisions in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka, which found the lack of legal recognition for same-sex marriage to be unconstitutional, though all those rulings dismissed demands for compensation.

In delivering the final judgment among the six lawsuits, Presiding Judge Ayumi Higashi stated that issues surrounding same-sex marriage “should first be thoroughly discussed in parliament.” Kyodo News reported that the Supreme Court is expected to issue a unified decision sometime next year.

In the latest case, eight plaintiffs aged between their 40s and 60s sought 1 million yen (USD 6,400) each in damages, arguing that the civil law’s ban on same-sex marriage violates constitutional guarantees of equality and freedom of marriage. The government rejected the claim, asserting that the Constitution defines marriage as between a man and a woman, Kyodo News reported.

The group had appealed a Tokyo District Court ruling from March 2024, which described the situation as “in a state of unconstitutionality” but dismissed their compensation request.

Among the 12 high and lower court decisions issued so far, the Osaka District Court remains the only other court to have upheld the constitutionality of withholding legal recognition for same-sex marriage.

Article 24 of the Constitution states, “Marriage shall be based only on the mutual consent of both sexes.”

Japan remains the only Group of Seven nation yet to legalise same-sex marriage or civil unions, despite increasing pressure from the LGBT community and its supporters. (ANI)