Tokyo High Court Upholds Same-Sex Marriage Ban, Sparks Controversy

The Tokyo High Court delivered a significant ruling on February 16, 2024, upholding Japan’s ban on same-sex marriage. The court concluded that the existing legal framework, which restricts marriage to opposite-sex couples, does not violate the Constitution of Japan. This decision dismisses claims that the ban infringes on constitutional guarantees of equality and individual dignity, as asserted by the plaintiffs.

In its ruling, the court rejected requests for damages, stating that no constitutional injury had been established. This judgment contrasts sharply with earlier rulings from various high courts, including those in Sapporo, Nagoya, Osaka, and Fukuoka, which had previously found elements of the same marriage framework unconstitutional. Courts in these regions referenced Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and Article 24, emphasizing that marriage and family law should reflect individual dignity and equality of the sexes.

Presiding Judge Yumi Toa argued that the legislature has broad discretion in defining marriage. The ruling emphasized the need for comprehensive legislative deliberation regarding same-sex marriage, underscoring the court’s stance that the current legal definitions do not amount to unconstitutional discrimination, as they are grounded in the existing civil code.

While many municipalities and prefectures in Japan provide partnership certificates for same-sex couples, these measures fall short of granting the full legal rights that marriage entails, such as parental recognition, inheritance rights, and spousal tax benefits. This ongoing situation highlights a lack of uniformity in Japan’s legal interpretation of marriage rights, creating a patchwork of recognition that varies by region.

The ruling has sparked significant discourse among legal experts and advocates. Lawyers from the LGBT & Allies Network (LLAN) noted the implications of this decision, particularly given its divergence from the 2024 Tokyo High Court judgment that previously deemed the same-sex marriage ban unconstitutional. The inconsistency among various court rulings has raised critical questions about the constitutional protections available to same-sex couples in Japan.

The matter is now poised to escalate to the Supreme Court of Japan, which may provide a unified interpretation of whether the Constitution permits or mandates marriage equality. Such a ruling could also clarify the relationship between Articles 14 and 24 in the context of modern family structures, offering guidance on this pressing social issue.

As Japan navigates this complex legal landscape, the implications of the High Court’s ruling are likely to resonate beyond the courtroom, influencing public perceptions and advocacy efforts surrounding LGBTQ+ rights in the country.