Tokyo High Court Upholds Same-Sex Marriage Ban: A Constitutional Ruling Against the Grain
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.
John Q. Hosedrinker