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Japan Marriage Equality Case Heads to Supreme Court After Tokyo Setback

Plaintiffs petition the top court for a clear ruling that resolves conflicting decisions nationwide.

Overview

  • The Tokyo High Court on Nov. 28 upheld the constitutionality of Japan’s same-sex marriage ban and rejected eight plaintiffs’ claims for 1 million yen in damages.
  • On Dec. 3, campaigners from Hokkaido to Kumamoto filed a letter and appeals urging the Supreme Court to find the ban unconstitutional.
  • The Tokyo ruling was the first high-court loss for marriage-equality suits, contrasting with earlier findings of unconstitutionality in Sapporo, Nagoya, Fukuoka and a prior Tokyo case.
  • Japan remains the only G7 nation without legal recognition of same-sex unions, even as many municipalities issue partnership certificates and major companies offer equivalent benefits.
  • Plaintiffs detailed hardships caused by non-recognition and expressed shock at the decision, while Prime Minister Sanae Takaichi maintains opposition to marriage equality.