April 20, 2025
Gay Marriage in Japan
The courts say it’s unconstitutional, but same-sex couples still can’t legally marry in Japan
There’s something surreal about walking through Shibuya during Pride Week, past rainbow crosswalks and pride flags, only to remember that same-sex marriage is still not legal in Japan.
It might surprise first-time visitors—or even long-time residents—to learn that Japan is the only country in the G7 that doesn’t legally recognize same-sex marriage. Even though Tokyo issued its first dosei patonashippu shomei-sho (same-sex partnership certificate) in 2022, and courts have been ruling against the ban since 2021, the reality is: there’s still no nationwide legal protection or marital recognition for LGBTQ+ couples.
So what’s actually going on?
Japan’s Legal Definition of Marriage
Let’s start with the basics. Japan’s Civil Code defines marriage as “based only on the mutual consent of both sexes.” That line—“both sexes”—has long been interpreted to exclude same-sex couples from legally marrying.
Under Article 24 of Japan’s Constitution, marriage is guaranteed to be based on the “mutual consent of both sexes” and “maintained through mutual cooperation with the equal rights of husband and wife.” In March 2021, the Sapporo District Court became the first in the country to challenge the government’s stance, ruling that the ban on same-sex marriage was “unconstitutional” under Article 14, which guarantees equality under the law (AP News).
Since then, five high courts across Japan—Sapporo, Tokyo, Nagoya, Osaka and Fukuoka—have echoed this sentiment. Each found that the government’s refusal to recognize same-sex marriages violates the Constitution. The most recent ruling, from the Osaka High Court in March 2025, confirmed once again that the legal ban creates unjustifiable inequality (Jurist).
But here’s the catch: court rulings in Japan don’t change the law. Only the National Diet can do that.
What Do Same-Sex Partnership Certificates Actually Do?
As a sort of stopgap measure, more than 200 municipalities across Japan—including all 23 Tokyo wards—have introduced partnership systems that allow same-sex couples to register their relationships. These certificates are not legally binding, and they don’t grant any of the same rights as marriage.
They might help you get joint public housing. They could make it easier to visit a partner in the hospital or get your employer to recognize your relationship for benefits. But they don’t help with inheritance, adoption, visa sponsorship, or taxes. And private institutions—like landlords or health insurers—don’t have to honor them.
I once interviewed a couple in Osaka who said that even with a certificate, they still had to fill out separate emergency contact forms at the doctor’s office, because the clinic didn’t “recognize the partnership system.”
So while the documents can carry social weight and small administrative benefits, they’re not a substitute for the legal protections of marriage.
What About Public Support?
This is where things get interesting. Public support for same-sex marriage in Japan has grown significantly over the past decade. According to a 2023 NHK poll, 71% of Japanese respondents now say they support legalizing same-sex marriage.
And it’s not just a Tokyo bubble thing. Even in more conservative regions like Kyushu and Tohoku, support is climbing, especially among voters in their twenties and thirties.
However, the ruling Liberal Democratic Party has consistently stalled reform. While a handful of opposition parties have included marriage equality in their platforms, no major bills have passed either house of the Diet.
Lawmakers often cite the “traditional family structure” and “social harmony” when defending the status quo. But with every new court ruling, the pressure is building.
Can Foreign Same-Sex Couples Marry in Japan?
The short answer: no.
Even if one partner is Japanese and the other is a foreign national, same-sex couples still cannot get legally married in Japan. Some embassies do perform symbolic ceremonies or register overseas marriages from their home countries, but these are not recognized by Japanese law.
That can affect everything from spousal visas to legal guardianship rights.
If a same-sex couple gets legally married abroad—say, in the UK—and then moves to Japan, their marriage still isn’t recognized under Japanese law. That means rights and benefits tied to marital status, like spousal visas, inheritance, and joint tax filing, won’t apply here.
Even if you’re married in a country where same-sex marriage is fully legal, Japan treats you as two unrelated individuals. This can be a shock to couples relocating for work or family reasons, and many find themselves hiring legal professionals to navigate visa alternatives, like a business sponsor or long-term residency status. Some embassies, such as the British Embassy, may offer consular assistance or symbolic acknowledgments, but those don’t change your legal standing domestically.
Read next: Why Won’t Japan Allow This Trans Woman’s Marriage?
What’s Next?
The issue is now expected to move toward the Supreme Court, which could issue a broader constitutional interpretation. But for now, same-sex couples in Japan remain in limbo—technically protected by court sentiment, but still excluded by national law.
Activist groups like Marriage For All Japan and Human Rights Watch continue to call for legislative reform. Some are hopeful that the combination of court rulings, international pressure, and shifting public opinion will eventually move the needle.
Until then, the legal gray area persists.
Celebrating LGBTQ+ and Inclusive Travel in Japan
Final Thoughts
If you’re an expat in a same-sex relationship or thinking about moving to Japan with a partner, it’s worth understanding the limits of current law. A partnership certificate can be a useful tool—but it’s not a marriage. Visa issues, hospital access, and inheritance planning all require extra paperwork and, often, a local lawyer’s help.
The situation is evolving fast, so keep an eye on updates from Marriage For All Japan and your local municipality. And if you’re traveling here, be aware that while LGBTQ+ travelers are largely welcomed, the legal system hasn’t caught up with the rainbow crosswalks—yet.
Read next: LGBTQ+ Anime That Strives To Get It Right
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