Denied by the State, demanded by the streets: Japan's LGBTQ+ turning point
Source: Global Voices
Legal battle: Marriage for all
The Supreme Court ruling will settle constitutional debates among lower district courts over whether the Japanese Civil Code's current exclusion of same-sex marriage violates the Japanese Constitution in early 2027.
Japan’s legal battle for the right to equal marriage began on February 14, 2019, with 13 same-sex couples simultaneously filing lawsuits against the Japanese government in district courts across Tokyo, Osaka, Nagoya, Fukuoka, and Sapporo.
In March 2024, the Sapporo High Court first ruled that the provisions of the Civil Code and the Family Register Act that do not allow same-sex couples to become families are unconstitutional. Four other district high courts hold similar rulings, and the prevailing view is that the current system violates Article 14 (equality under the law), Article 13 (the right to the pursuit of happiness), and Article 24, Section 2 (individual dignity and the essential equality of the sexes) of the Constitution of Japan.
However, on November 28, 2025, a Tokyo High Court ruled against its peers, holding that same-sex couples are not included in the constitutional definition of marriage and that any change to that definition should be the responsibility of Japan’s National Diet.
With the support of the LGBT+ activist group Marriage for All Japan, the plaintiffs have brought their case to the Japanese Supreme Court for appeal. As explained by legal scholar Yasuhiko Watanabe, the Tokyo High Court’s ruling would grant “unchecked discretion to the conservative government.”
Legal battle: Marriage for all
The Supreme Court ruling will settle constitutional debates among lower district courts over whether the Japanese Civil Code's current exclusion of same-sex marriage violates the Japanese Constitution in early 2027.
Japan’s legal battle for the right to equal marriage began on February 14, 2019, with 13 same-sex couples simultaneously filing lawsuits against the Japanese government in district courts across Tokyo, Osaka, Nagoya, Fukuoka, and Sapporo.
In March 2024, the Sapporo High Court first ruled that the provisions of the Civil Code and the Family Register Act that do not allow same-sex couples to become families are unconstitutional. Four other district high courts hold similar rulings, and the prevailing view is that the current system violates Article 14 (equality under the law), Article 13 (the right to the pursuit of happiness), and Article 24, Section 2 (individual dignity and the essential equality of the sexes) of the Constitution of Japan.
However, on November 28, 2025, a Tokyo High Court ruled against its peers, holding that same-sex couples are not included in the constitutional definition of marriage and that any change to that definition should be the responsibility of Japan’s National Diet.
With the support of the LGBT+ activist group Marriage for All Japan, the plaintiffs have brought their case to the Japanese Supreme Court for appeal. As explained by legal scholar Yasuhiko Watanabe, the Tokyo High Court’s ruling would grant “unchecked discretion to the conservative government.”