Reiwa 6 (Ne) 1861 Marriage Freedom for All Lawsuit Appeal Case

This case, docketed as Reiwa 6 (Ne) 1861 at the Tokyo High Court, is part of nationwide coordinated lawsuits filed by same-sex couples challenging Japan's failure to legally recognize same-sex marriage. The plaintiffs argue that the current Civil Code provisions and the refusal to allow marriage registration violate Article 24 (freedom of marriage) and Article 14 (equality under the law) of the Japanese Constitution. They sought both state compensation for emotional distress and a declaratory judgment on the unconstitutionality of the legislative omission. The Tokyo High Court appeal followed a lower court ruling that found the ban unconstitutional but denied damages. The case represents a critical appellate step in the multi-front judicial campaign for marriage equality in Japan.

In late 2024, the Tokyo High Court ruled that the current legal framework denying same-sex couples the right to marry is unconstitutional, finding violations of both Article 14 and Article 24. However, the court dismissed the plaintiffs' claims for monetary damages. The case is expected to advance to the Supreme Court of Japan for final resolution.

Whether the legislative omission in not providing a legal framework for same-sex marriage violates constitutional guarantees of marriage freedom (Article 24) and equality (Article 14), and whether the Diet's inaction constitutes an unlawful act entitling plaintiffs to state compensation.

The ruling intensified judicial pressure on the Japanese Diet to amend the Civil Code and legalize same-sex marriage nationwide. It significantly boosted public discourse on LGBTQ rights, influenced corporate policies toward greater inclusivity, and marked a historic milestone as one of the first high court decisions unequivocally declaring the marriage ban unconstitutional, energizing advocacy groups and shifting political momentum toward legislative reform.