By John Q. Hosedrinker 
The Tokyo High Court has upheld Japan’s ban on same-sex marriage, declaring the current civil law provisions constitutional, a stance unique among high court rulings on the matter. The court reasoned that the traditional marriage system aids in child-rearing and that the Constitution’s freedom of marriage does not extend to same-sex couples, while also expressing concern over the lack of parliamentary progress. This decision contrasts with previous rulings from other Japanese courts that found the lack of legal recognition for same-sex marriage unconstitutional, although these rulings rejected compensation claims. With the plaintiffs planning an appeal, a unified decision from the Supreme Court is anticipated in the coming year.
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Tokyo High Court rules Japan’s same-sex marriage ban constitutional, and that’s a pretty big deal. This is especially true when you consider this is the only one of six high court rulings in the past year to come to this conclusion. The other five courts – including, interestingly, the very same Tokyo High Court but with different judges – have gone the opposite way. It’s a real legal head-scratcher, and the whole matter is destined for the Supreme Court, which will ultimately have the final say.
The ruling hinges on Article 24 of the Japanese Constitution, which states that marriage is based on the mutual consent of “both sexes.” The court’s interpretation, apparently, is that this explicitly limits marriage to heterosexual couples. Proponents of same-sex marriage argue the constitution should be interpreted differently, but the court seems to be leaning towards a stricter reading of the law. The court’s argument is that the current marriage system aids in creating an environment for raising children. Moreover, the court believes that the effects of marriage can be duplicated using contracts and that people can marry if they change their legal sex. This is not a win for supporters of same-sex marriage and leaves a lot of them feeling pretty disappointed.
One of the more interesting arguments against same-sex marriage is tied to the idea of procreation. Some believe that marriage, at its core, is about creating families and raising children. This perspective frames the issue not necessarily through religious doctrine, but through a cultural lens focused on the traditional family unit. The decline in birth rates in Japan is a major concern, and some view same-sex marriage as a potential threat to the idea of the family structure that is seen as integral to the country’s identity. This adds a layer of complexity to the debate, as the issue is viewed as something that threatens the fabric of Japanese society, rather than solely based on religious ideology.
It’s clear that the decision sparks strong emotions. Some feel that denying same-sex couples the right to marry is discriminatory and that it’s a matter of individual freedom. Others express frustration that the conversation has moved away from the core constitutional issues, and instead focused on personal feelings about same-sex marriage. The debate also highlights a tension between tradition and modernity. Japan has deep-rooted cultural values, but is a very advanced and developed country that has a population that wants things to change. Some would be quick to blame the political right, but others see this as part of a larger issue of social control. This is the idea that those in power may use issues such as same-sex marriage to reinforce the existing social structure and maintain traditional hierarchies.
Then there is the history of homosexuality in Japan. While the modern debate is new, same-sex relationships were tolerated, even accepted, in the past. This tolerance, however, was often within the context of fulfilling traditional roles, such as marrying and having children. This history adds another layer to the discussion, as it challenges the idea that opposition to same-sex marriage is something new to Japan. This leads to the question of whether or not this legal position reflects widespread societal values or whether the politicians are weaponizing a minority issue for votes.
The current legal climate for same-sex couples is, at best, uncertain. While some cities and prefectures in Japan have introduced partnership certificates, these do not carry the same legal weight as marriage. The Tokyo High Court ruling essentially reinforces the status quo, and the Supreme Court’s decision will be critical in determining whether same-sex marriage is a right in Japan. This is more than a legal matter. This is about cultural values, social change, and the future of Japan.