Setback for Equality in Japan as High Court Backs Marriage Ban
While couples in the Netherlands have celebrated marriage equality for over two decades, the fight for the same fundamental right has suffered a significant setback in Japan. On Friday, Tokyo's High Court delivered a crushing blow to the LGBTQ+ community, ruling that the country's ban on same-sex marriage does not violate the constitution.
The court dismissed the case brought forward by several couples, arguing that the legal definition of a family as a unit between a heterosexual couple and their children is a "rational" one. The judges also denied the plaintiffs' claim for one million yen (approx. €6,000) in damages for the discrimination they have faced.
'Outraged and Appalled': Activists Respond to Decision
Outside the courthouse, the disappointment was palpable. "Rather than sorrow, I'm outraged and appalled by the decision," plaintiff Hiromi Hatogai told reporters from the Associated Press. Her partner, Shino Kawachi, questioned the court's motives, asking, "What is justice? Was the court even watching us?"
Despite the ruling, activists have vowed to continue their fight. "We only want to be able to marry and be happy, just like anyone else," said plaintiff Rie Fukuda. "We won't give up."
"The court’s decision today marks a significant step backwards for marriage equality in Japan."
A Conflicting Legal Landscape
This ruling creates a confusing and contradictory legal picture in Japan. It directly opposes a landmark 2024 decision from the Sapporo District Court, which found the very same ban to be "unconstitutional and discriminatory." With conflicting high court rulings now on the books, all eyes are turning to Japan's highest judicial body for a final say.
The case is now expected to be appealed to the Supreme Court of Japan. This legal battle is happening at a time when public support for equality is growing stronger. A 2023 opinion poll revealed that a clear majority—two-thirds of the Japanese population—are in favour of legalising same-sex marriage.
A Stark Contrast in a G7 Nation
The court's decision keeps Japan as the only G7 nation without any legal recognition for same-sex couples. For the community in the Netherlands, the first country in the world to open marriage to all, it's a stark reminder that the path to equality is not always linear, even in highly developed nations. The upcoming Supreme Court decision will be a critical moment for LGBTQ+ rights not just in Japan, but across Asia.
