The Tokyo High Court has ruled that Japan’s ban on same-sex marriage is constitutional.

As Japan Times reports, the legal case is part of a broader campaign backed by Marriage for All Japan, a non-profit organisation. Eight plaintiffs brought the case to court and argued that Japan’s Civil Code and Family Registration Act, which prohibits same-sex marriage, is unlawful and denies them the legal protection that the state awards to heterosexual couples.

Over the past few years, a number of legal cases have been brought to various courts in Japan, challenging the constitutionality of the ban on same-sex marriage.

Five courts in Japan have previously ruled that the ban is unconstitutional, with yesterday’s ruling being an exception. The plaintiffs will bring their case to the Supreme Court next.

Japan is currently the only G7 country that does not recognise same-sex marriage. As it stands, Taiwan, Thailand and Nepal are the only countries that have introduced same-sex marriage in Asia.

Amnesty International has said the verdict is a “damaging step backwards on same-sex marriage”.

The organisation’s East Asia Researcher Boram Jang said: “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.

“But it should serve as a warning of the reluctance to acknowledge the concept of same-sex marriage and the reality of same-sex couples living in Japan.”

Jang urged the Japanese government to resolve the issue through legislation without delay: “The Japanese government needs to be proactive in moving towards the legalisation of same-sex marriage so that couples can fully enjoy the same marriage rights as their heterosexual counterparts.”

In 2023, Japan passed a law to promote the “understanding” of LGBTQ+ people; however, it lacked any legal anti-discrimination protections. Amnesty International said this law is “not enough”.

“There needs to be solid, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination,” Jang said.