Same-Sex Marriage Campaigners Appeal to Japan's Supreme Court After Tokyo High Court Setback

Appeal Filed to Top Court

Marriage equality campaigners in Japan on Wednesday, December 3, 2025, urged the nation's Supreme Court to rule the country's failure to recognize same-sex unions as 'unconstitutional'. This appeal comes in the wake of a recent decision by the Tokyo High Court, which ruled that Japan's refusal to acknowledge same-sex marriages does not violate the constitution, a judgment that surprised and disappointed the LGBTQ+ community.

Plaintiffs from across Japan, spanning from Hokkaido to Kumamoto, gathered with their legal teams to submit a letter to the Supreme Court. They requested the court to 'exercise its authority and responsibility as a bastion of human rights and deliver a clear ruling of unconstitutionality,' emphasizing their desire for the 'ordinary right to marry.'

Tokyo High Court's Controversial Ruling

The Tokyo High Court's ruling, delivered last week, was the first instance where a high court in Japan sided against those seeking equal marriage rights. In contrast, five other high courts in cities such as Sapporo, Nagoya, and Fukuoka had previously deemed the ban on same-sex marriage as 'unconstitutional' or in a 'state of unconstitutionality.'

Presiding Judge Ayumi Higashi of the Tokyo High Court stated that the current civil law provisions, which do not allow same-sex marriage, are still reasonable under present circumstances. The court's decision also asserted that the freedom of marriage guaranteed under Article 24 of the Constitution, which defines marriage as 'based only on the mutual consent of both sexes,' does not apply to same-sex couples.

Legal and Societal Context

The legal battle for marriage equality in Japan centers on two key articles of the Japanese Constitution:

• Article 14: Guarantees equality under the law.
• Article 24: States that marriage shall be based on the mutual consent of both sexes.

Campaigners argue that the lack of legal recognition for same-sex unions violates the constitutional guarantee of equality. Despite growing public support for LGBTQ+ friendly laws, the conservative ruling Liberal Democratic Party (LDP) remains opposed to same-sex unions, often citing traditional family values. Japan currently stands as the only G7 nation that does not recognize same-sex unions, although several municipalities offer partnership certificates that provide some benefits, but not full legal recognition.

Path Forward

With all six high court cases now concluded, the stage is set for the Supreme Court to address the appeals and potentially issue a unified, definitive ruling on the matter. This decision is anticipated to come as early as next year. The outcome will have significant implications for the rights of same-sex couples in Japan and the country's standing on LGBTQ+ equality globally.