Tokyo Court Upholds Ban on Same Sex Marriage, Escalation to Supreme Court Expected

A Tokyo High Court on November 28 concluded that Japan’s civil code provisions, which do not recognize same sex marriages, are constitutional under current circumstances, reversing an earlier lower court ruling and dismissing claims for damages by plaintiffs. The appellate court said conventional family norms and provisions related to child rearing informed its interpretation that marriage is traditionally a union between a man and a woman.

The decision marks a setback for campaigners who have pursued a litigation strategy to secure marriage equality in the absence of decisive legislative action. Plaintiffs and advocacy groups said they were disappointed and indicated they would appeal to the Supreme Court, setting the stage for what could become a definitive national ruling. Several other Japanese high courts have reached differing conclusions in related cases, leaving a patchwork of legal findings that only the Supreme Court can reconcile.

Japan remains the only G7 country without legal recognition of same sex marriage, a fact that has increasingly drawn international attention and domestic frustration. The Tokyo ruling is likely to heighten scrutiny from foreign governments, international rights organizations, and global business networks that have urged clearer protections for same sex couples on issues ranging from family law to spousal immigration and corporate equality policies.

Legal analysts say the appellate court’s judgment reflects a conservative reading of constitutional and civil code provisions and highlights the tension between judicial interpretation and social change. Courts in Japan have long been cautious about overruling legislative prerogatives on socially contested issues. With a final national determination expected to rest with the Supreme Court, activists face a long legal road and continued pressure on lawmakers to consider statutory reform.

The case also underscores broader cultural and demographic dynamics in Japan. Debates over family structure intersect with concerns about child rearing, an aging population, and social cohesion. For many couples, lack of legal recognition means tangible disadvantages in areas such as inheritance, medical decision making, access to public housing, and parental rights. The divergent rulings across regional tribunals have produced uncertainty for those couples and for employers and institutions trying to adapt policies.

Internationally, the ruling will be read as part of a global pattern in which courts, legislatures, and societies negotiate marriage equality in different ways. For Japan, where public opinion has shown growing support for legal recognition of same sex partnerships in some polls, the question now shifts to whether the political branches will act or whether the Supreme Court will impose a uniform legal standard.

The Supreme Court’s docket and deliberative pace mean a final resolution could take years, prolonging legal ambiguity for many families. In the meantime advocates are likely to pursue a multipronged strategy that combines litigation, electoral politics, and public engagement, while diplomats and rights bodies continue to press for alignment with international norms on equality and non discrimination.