On Wednesday, October 30, the Tokyo High Court found that Japan’s ban on same-sex marriage is unconstitutional. This is the latest of a series of court decisions upholding demands for marriage equality, with lawyers calling the judgment “historic”.

The case saw seven plaintiffs argue that same-sex couples live in committed partnerships just as heterosexual couples and should have the same freedom to marry. Their claim was that restricting marriage on the basis of sexual orientation, which is out of a person’s control, lacks a rational basis and therefore infringes on individual dignity.

The ruling on the case called Japan’s ban on same-sex marriage “a groundless legal discrimination based on sexual orientation,” stating that it violates the constitutional right to equality, as well as individuals’ dignity and equality between the sexes. This decision took a much stronger stance than a ruling delivered by the lower court in 2022, which said that the laws banning same-sex marriage were in a “state of unconstitutionality.”

Presiding Judge Sonoe Taniguchi said that the same-sex marriage ban violates Article 14, guaranteeing the right to equality, and Article 24’s second clause, which states that laws on marriage must be based on individual dignity.

“Matters related to marriage and family should take into account various factors, including state traditions and public sentiment,” the ruling said. “But even if you take that into consideration, there is no rational basis of distinguishing… whether or not they are entitled to legal benefits based on sexual orientation — a characteristic that cannot be chosen or changed at will.”

The ruling also mentioned how legislation should be amended to grant same-sex couples equal rights to their heterosexual counterparts, including creating a new law to establish such a system.

While the ruling marks a positive step forward for LGBTQ+ rights in Japan, the court also dismissed claims for ¥1 million (€6,031) in compensation to each of the seven plaintiffs.

Nevertheless, plaintiffs welcomed the ruling, cheering outside the court and carrying banners that read “Further advance toward marriage equality!” and “No more waiting for legal revision!”

Makiko Terahara, a lawyer for the plaintiffs, called the judgement “historic”, demanding in a statement that the government take immediate steps “to open the door for marriage equality”.

“I felt grateful to be alive when I heard the word ‘unconstitutional’ from the judge,” Yoko Ogawa, a plaintiff in her 60s, told reporters. “I hope to see progress toward legalisation as soon as possible.”

This is the second high-court ruling to deem Japan’s ban on same-sex marriage unconstitutional, with the first being handed down by the Sapporo High Court in March 2024. Five past rulings finding the policy unconstitutional have also been delivered in lower courts.

LGBTQ+ activists have stepped up their efforts in recent years, with six lawsuits on marriage equality being filed in five regions across Japan since 2019. Moreover, hundreds of municipalities all over the country are issuing partnership certificates as a workaround to help same-sex couples in renting apartments or facing other forms of discrimination.

Such a winning streak has raised hopes among Japan’s LGBTQ+ community. The main obstacle remains the conservative Liberal Democratic Party’s ruling coalition, which, however, lost a parliamentary majority in last Sunday’s election and will likely have to compromise on policies pushed by opposition parties.

Chief Cabinet Secretary Yoshimasa Hayashi said that this latest ruling has not been finalised and that his government will continue to watch other pending court cases.