On November 28, 2025, the Tokyo High Court delivered a ruling that sent shockwaves through Japan’s LGBTQ+ community and reignited a national debate over marriage equality. The court found Japan’s refusal to legalize same-sex marriage constitutional, marking the last of six high court cases on the issue and setting the stage for a potential Supreme Court showdown in the coming year. For many, the decision was a bitter setback—and a rallying cry to continue the fight.
The ruling, handed down by Judge Ayumi Higashi, reversed a lower court’s decision from the previous year and became the first loss at the high court level for those challenging the country’s same-sex marriage ban. In her written opinion, Judge Higashi stated that the legal definition of family as a unit between a man and a woman and their children is “rational,” and that the exclusion of same-sex marriage from civil law is valid. The court also dismissed claims for damages of 1 million yen (about $6,400) sought by eight sexual minorities who were plaintiffs in the case.
“I’m so disappointed,” plaintiff Hiromi Hatogai told reporters outside the court, as quoted by The Associated Press. “Rather than sorrow, I’m outraged and appalled by the decision. Were the judges listening to us?” Her partner, Shino Kawachi, echoed the frustration, asking, “What is justice? Was the court even watching us? Were they considering the next generation?” Another plaintiff, Rie Fukuda, said, “We only want to be able to marry and be happy, just like anyone else. I believe the society is changing. We won’t give up.”
The Tokyo High Court’s decision is significant not only for its immediate impact but also for its place in a broader legal and cultural context. The ruling was the final verdict in a series of six high court lawsuits filed between 2019 and 2021 in cities including Tokyo, Osaka, and Sapporo. With all high court decisions now rendered, attention turns to Japan’s Supreme Court, which is expected to hear appeals and issue a final, definitive ruling—possibly as soon as 2026.
Japan’s legal stance on same-sex marriage stands in stark contrast to its peers. It is the only member of the Group of Seven (G7) industrialized nations that does not recognize same-sex marriage or provide any other form of legally binding protection for LGBTQ+ couples. In the wider Asian region, only Taiwan, Thailand, and Nepal have legalized same-sex marriage, underscoring Japan’s isolation on the issue.
Public opinion, however, appears to be moving in the opposite direction of the courts and government. According to a 2023 opinion poll cited by PinkNews, two-thirds of Japanese people believe that equal marriage should be legally recognized. This growing support is mirrored in the business community, where major corporations have increasingly advocated for legal protections for LGBTQ+ employees and their families.
Despite this shift, political resistance remains strong. Prime Minister Sanae Takaichi, Japan’s first female prime minister, and her ruling Liberal Democratic Party (LDP) have consistently opposed same-sex marriage. The government has argued that civil law’s definition of marriage is grounded in the importance of natural reproduction and that it does not extend to same-sex couples. Prime Minister Takaichi has previously described same-sex marriage as a “very difficult problem,” signaling little appetite for legislative change.
Amnesty International was quick to denounce the Tokyo High Court’s decision. “The court’s decision today marks a significant step backwards for marriage equality in Japan,” said Boram Jang, East Asia researcher for the organization. “The ruling in Tokyo—the final high court ruling of six lawsuits filed across the country and the only ruling to say, in effect, that discrimination against same-sex couples is constitutional—cannot be allowed to hamper progress.” Jang urged the Japanese government to move proactively toward legalizing same-sex marriage, arguing that “solid, legal measures” are needed to protect LGBTQ+ people from discrimination.
The legal battle over marriage equality in Japan has been marked by a patchwork of rulings. While the Tokyo High Court and the Osaka District Court in 2022 have upheld the government’s policy as constitutional, other courts have taken a different view. In 2024, the Sapporo District Court ruled that the civil code limiting marriage to a man and a woman was “unconstitutional [and] discriminatory.” The Sapporo court’s decision, as reported by PinkNews, noted that “enacting same-sex marriage does not seem to cause disadvantages or harmful effects,” and strongly encouraged the Japanese parliament to “institutionalize an appropriate law” in the future. The court also affirmed that “living in accordance with one’s gender identity and sexual orientation is an inalienable right rooted in important personal interests.”
These conflicting legal interpretations have fueled hope among advocates that the Supreme Court could ultimately side with marriage equality. More than 30 plaintiffs have joined lawsuits on marriage equality filed across Japan since 2019, arguing that civil law provisions barring same-sex marriage violate the constitutional rights to equality and freedom of marriage. For now, though, the legal landscape remains uncertain—and the path to change appears long and winding.
Friday’s ruling has also highlighted the limits of recent legislative efforts. The Japanese government passed a law in 2023 to promote understanding of LGBTI people, but critics say it falls far short of providing the legal protections and recognition that same-sex couples need. “There need to be solid, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination,” said Amnesty International.
For many in Japan’s LGBTQ+ community, the Tokyo High Court’s decision is both a setback and a call to action. Plaintiffs and their lawyers have made clear they intend to pursue the case all the way to the Supreme Court. As Rie Fukuda put it, “We won’t give up.”
As the legal fight continues, all eyes will be on Japan’s highest court—and on the broader society, where attitudes may be shifting faster than the law. What happens next could reshape not only the lives of LGBTQ+ couples in Japan, but the country’s place in the global movement for equality.
