Japan: Last High Court Ruling a Damaging Step Backwards on Same-Sex Marriage

[Lori Dee ✅]

Japan: Last High Court Ruling a Damaging Step Backwards on Same-Sex Marriage
https://www.amnestyusa.org/press-releases/japan-last-high-court-ruling-a-damaging-step-backwards-on-same-sex-marriage/ 🔗
Amnesty International - Press Release
November 28, 2025

On November 28, 2025, Tokyo High Court ruled in favor of Japan's ban on same-sex marriage outlining that the ban does not violate Article 24(1) and (2) and Article 14 (1) of the Constitution.

This decision marks the last high court ruling of six lawsuits filed.

In 2019, five lawsuits were filed in Tokyo, Osaka, Nagoya, Sapporo and Fukuoka with an additional lawsuit filed in Tokyo in 2021.

Sapporo High Court ... in March 2024, ...ruled that the provisions of the Civil Code and the Family Register Act that do not recognize same-sex marriage are unconstitutional, as they violate Article 24(1) and (2) and Article 14 (1).

Other high court decisions followed with Tokyo High Court finding that the same-sex marriage ban violated Article 24(2) and Article 14(1)  in October 2024. ... in December 2024, Fukuoka High Court came to a similar decision but also outlined a violation of Article 13 of the Constitution which details the right to pursue happiness.

In March 2025, both Nagoya High Court and Osaka High Court ruled the ban on same-sex marriage was unconstitutional as it violated Article 24(2) and Article 14(1) of the Constitution.

With all high court decisions made, the cases await a Supreme Court ruling.

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[Sarah B ✅]

Hi Everyone

The following is a better summary of what is happening in regards to this ban:

Japan has had six same sex marriage lawsuits in different regions. Five High Courts said the ban on same sex marriage is unconstitutional while the latest Tokyo High Court decision said the ban is allowed under the Constitution.

Each High Court ruling only directly affects its own case. The conflicting outcomes plus the written warnings to parliament create pressure on the national Diet to change the law.

Now that all High Court cases are finished the issue is expected to move to the Supreme Court of Japan which will give a single nationwide decision on whether the ban is constitutional.

Best Wishes Always
Sarah B
Global Moderator