(ZENIT News / Tokyo, 12.09.2025).- A ruling handed down in the Japanese capital has altered the trajectory of the national conversation on same-sex unions, reintroducing legal certainties that many activists believed were slowly eroding. In a closely watched decision, a Tokyo court concluded that Japan’s legal definition of marriage—anchored in the union of a man and a woman—remains fully compatible with the country’s postwar Constitution.
Presiding judge Ayumi Higashi argued that the current statutory language, which describes marriage as the mutual consent of “both sexes,” cannot be stretched to include same-sex couples without legislative intervention. She emphasized that the traditional framework is considered by lawmakers to support child-rearing and social continuity, and that any departure from this understanding requires a political, not judicial, mandate.
The plaintiffs, who sought both recognition and compensation, are preparing to challenge the decision, potentially setting the stage for a Supreme Court hearing next year. Their case joins a complex patchwork of litigation that has gradually reshaped public expectations. In several recent proceedings, higher courts across Japan have suggested that excluding same-sex couples from legal marriage may conflict with constitutional guarantees—even as those courts admitted they did not possess the authority to overturn existing statutes. As a result, those judgments carried largely symbolic weight.
Until now, only the Osaka District Court had openly affirmed the constitutionality of Japan’s ban. With Tokyo’s ruling, the judiciary appears to be divided between courts willing to signal change and courts that insist the matter must remain under parliamentary jurisdiction.
The political climate adds further tension. Prime Minister Sanae Takaichi, known for her conservative views, opposes the legalization of same-sex marriage. Yet public sentiment leans in the opposite direction: surveys—such as a 2023 Pew study—indicate that roughly seven in ten Japanese citizens favor legal recognition for same-sex unions, the highest level of support reported in Asia.
Despite the absence of national legislation, local governments have attempted to fill the void. Municipalities and prefectures have issued partnership certificates that grant limited recognition to same-sex couples. Shibuya Ward in Tokyo became a pioneer in 2015 when it created a registry allowing same-sex partners to be treated similarly to married spouses in certain administrative contexts. These initiatives, however, stop short of providing full legal status.
Japan now stands among a shrinking group of developed nations—alongside Italy, South Korea, and the Czech Republic—that still maintain exclusively heterosexual marriage in law. For activists, the Tokyo ruling represents a setback. For opponents of legislative reform, it signals that constitutional interpretation remains on their side. And for lawmakers, it renews pressure to clarify whether Japan will continue to uphold its traditional definition of marriage or engage the growing call for statutory revision.
Thank you for reading our content. If you would like to receive ZENIT’s daily e-mail news, you can subscribe for free through this link.
