Tokyo High Court Upholds Ban on Same-Sex Marriage Rights

The Tokyo High Court delivered a significant ruling on March 15, 2024, affirming Japan’s ban on same-sex marriage. The court decided that the existing legal framework, which restricts marriage to opposite-sex couples, does not contravene the Constitution of Japan. This final appellate decision dismisses claims regarding constitutional violations of equality and individual dignity, as presented by the plaintiffs.

In this landmark judgment, the court rejected the request for damages, stating that the plaintiffs failed to establish any constitutional injury. This ruling contrasts sharply with previous decisions from various courts across Japan between 2021 and 2024, where rulings from Sapporo, Nagoya, Osaka, and Fukuoka had recognized aspects of the marriage framework as unconstitutional. Those earlier decisions cited Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and emphasized Article 24’s mandate for marriage and family laws to be founded on “individual dignity” and “essential equality of the sexes.”

Discrepancies Among Court Rulings

The latest ruling, delivered by Presiding Judge Yumi Toa, asserts that the legislature maintains broad discretion in defining marriage. Judge Toa emphasized that discussions surrounding same-sex marriage should be thoroughly deliberated within legislative bodies. The court further countered the argument that the exclusion of same-sex couples from marriage violates Article 14’s equality guarantee, contending that distinctions based on the civil code definition do not constitute unconstitutional discrimination.

Despite the ban, many municipalities and prefectures in Japan have initiated recognition systems, offering partnership certificates to same-sex couples. However, these certificates do not confer the full legal rights associated with marriage, such as automatic parental recognition, inheritance rights, and favorable tax treatment for spouses. This creates a fragmented legal landscape, leading to disparities in how same-sex couples are treated across the country.

Potential Path to the Supreme Court

The decision has ignited considerable discourse, particularly among advocacy groups such as the LGBT & Allies Network (LLAN). The organization has highlighted the importance of the divergence between this ruling and a prior decision by the Tokyo High Court in 2024, which deemed the ban unconstitutional.

As the matter stands, the issue is likely to escalate to the Supreme Court of Japan. A unified ruling from the Supreme Court could clarify whether the Constitution supports or mandates marriage equality and elucidate the interplay between Articles 14 and 24 in relation to modern family structures.

The ruling not only highlights the varied interpretations of constitutional protections concerning marriage but also reflects the ongoing struggle for legislative reform in Japan regarding same-sex rights. As societal views evolve, the conversation surrounding marriage equality continues to gain traction, setting the stage for future legal challenges and potential legislative action.