Tokyo is the only high court to uphold the marriage ban
Five courts said yes to marriage equality, then came Tokyo. How a single ruling shocked Japan's queer community.
On 28 November 2025, the Tokyo High Court announced a ruling that left many in Japan's queer community stunned. The ban on same-sex marriage did not violate the constitution, the court found. It was the last of six appeal rulings in a nationwide wave of lawsuits. And it was the only one to decide this way.
It had all started on Valentine's Day 2019. That day, couples in several cities filed lawsuits simultaneously, supported by the organisation Marriage for All Japan. A sixth lawsuit in Tokyo was added later. One after another, the high courts in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka ruled in the plaintiffs' favour and declared the marriage ban unconstitutional. The direction seemed clear.
The decision from Tokyo hit all the harder. Eight plaintiffs were behind the case, including a trans man. The court argued that marriage in the sense of the constitution means the union of a man and a woman, as it was understood when the constitution was written. It also stressed procreation as the foundation of society. How same-sex couples are legally protected should first be settled by parliament. The lower court had still described the situation as a "state of unconstitutionality". The high court swept this assessment aside.
Outside the court building, supporters held up signs reading "unjust ruling". Amnesty International spoke of a serious step backwards for equality. Japan is still the only G7 country that does not legally recognise same-sex couples.
Yet the last word has not been spoken. In March 2026, the Supreme Court decided to hear the cases before its Grand Bench. A landmark ruling is expected in 2027. Whether the Tokyo ruling will then be seen as an outlier or a harbinger remains to be seen.