Japan High Court Rules Against Same-Sex Marriage, Sets Stage for Supreme Court
Japan High Court Rules Against Same-Sex Marriage

A Japanese high court delivered a significant ruling on Friday, November 28, 2025, declaring that the country's current ban on same-sex marriage does not violate the constitution. This decision sets the stage for what could be a landmark ruling by Japan's Supreme Court on marriage equality.

The Tokyo High Court Ruling

The ruling came amid heightened anticipation, with crowds gathering outside the Tokyo High Court ahead of the announcement. Presiding judges determined that Japan's existing civil code, which defines marriage as between a man and a woman, remains constitutional despite arguments from LGBTQ+ advocates that it violates equal rights provisions.

The court acknowledged that same-sex couples face significant disadvantages in areas including tax benefits, inheritance rights, and medical decision-making authority. However, the judges concluded that the matter required legislative consideration rather than judicial intervention.

Path to the Supreme Court

This ruling represents a critical step in what has become a multi-year legal battle across Japan. Several district courts had previously issued conflicting opinions on the constitutionality of same-sex marriage bans, creating legal uncertainty that only the Supreme Court can resolve.

The November 28, 2025 decision specifically addresses one of several coordinated lawsuits filed by same-sex couples across different Japanese jurisdictions. Legal experts anticipate that the Supreme Court will now consolidate these cases to issue a definitive ruling that would apply nationwide.

International Context and Local Impact

Japan remains the only G7 nation that does not recognize same-sex marriage at the national level, though several municipalities have implemented partnership systems that provide some limited rights to same-sex couples. The Supreme Court's eventual decision could position Japan to join other developed nations in granting full marriage equality.

Outside the courthouse, both supporters and opponents of marriage equality expressed strong reactions to the ruling. LGBTQ+ advocacy groups vowed to continue their fight, emphasizing that the high court decision represents just one battle in a larger war for equal rights.

The case now moves to Japan's highest judicial authority, where a final determination could reshape the legal and social landscape for LGBTQ+ individuals throughout the country. The Supreme Court has not yet announced when it will hear arguments in the case.