Tokyo Court Upholds Same-Sex Marriage Ban Amid Japan’s Demographic Crisis
TOKYO, Japan — In a landmark ruling that underscores the nation’s demographic challenges, a Tokyo court has upheld Japan’s ban on same-sex marriage, reaffirming the civil code’s definition of marriage as a union exclusively between a man and a woman. The decision comes as Japan grapples with a fertility rate of just 1.2 children per woman and one of the world’s most rapidly aging populations, raising concerns about the country’s future economic and social stability.
Judge Ayumi Higashi ruled that the existing legal framework, which presumes marriage to be a male-female partnership geared toward child-rearing, does not violate Japan’s constitutional equality clause. The court rejected claims that the ban on same-sex marriage constituted unconstitutional discrimination, emphasizing the government’s interest in promoting traditional family structures as a response to Japan’s demographic winter.
This ruling marks a rare setback for same-sex couples in Japan, where six separate appeals had previously found parts of the marriage law unconstitutional. The Tokyo court’s decision now sets up a division that the Supreme Court of Japan must resolve. Meanwhile, Japan remains the only G7 nation yet to legalize same-sex marriage, diverging from its peers who face similar demographic pressures.
Japan’s demographic decline is severe. According to data from the U.S. Census Bureau and demographic research institutions, the country has the highest proportion of citizens aged 65 and older among developed nations, with projections indicating its population could halve within the next century. This aging trend is compounded by persistently low birth rates, a phenomenon shared by other G7 countries such as Germany and Italy, which also struggle with fertility rates below the replacement level of 2.1.
The court’s emphasis on traditional marriage as a potential lever to boost fertility echoes warnings from scholars who link the redefinition of marriage to declines in opposite-sex marriage and birth rates. A decade ago, a group of fertility and marriage scholars submitted evidence to the U.S. Supreme Court highlighting that states permitting same-sex marriage often experienced lower fertility rates. This research, detailed in a report by the Institute for Family Studies, suggests that policies encouraging traditional family structures may have demographic benefits.
Japan’s approach contrasts with the trajectory of other G7 nations, including the United States, Canada, and France, which have legalized same-sex marriage but continue to face demographic challenges. The Japanese government and judiciary appear to prioritize demographic realism over expanding marriage rights, reflecting a broader societal concern about sustaining population growth and economic vitality.
Experts warn that Japan’s demographic crisis poses profound implications for its labor force, social welfare systems, and economic growth. The National Institute of Population and Social Security Research has repeatedly highlighted the urgency of policies aimed at increasing birth rates and supporting families.
While the Tokyo court’s ruling has been criticized by LGBTQ+ advocacy groups as discriminatory, supporters argue it reflects a pragmatic response to an unprecedented demographic emergency. As Japan’s population ages and shrinks, the government faces mounting pressure to balance social progress with demographic sustainability.
With the Supreme Court now tasked with addressing this contentious issue, Japan’s legal and social landscape regarding marriage equality remains uncertain. However, the Tokyo court’s decision clearly signals that demographic concerns will continue to shape policy debates in the years ahead.
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