Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships, particularly the younger generation. Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, Komeito, and the Japan Innovation Party support legalizing same-sex marriage. However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it.
On 17 March 2021, a district court in Sapporo ruled that the Civil Code provisions outlawing same-sex marriage were unconstitutional, arguing that laws or regulations that deprive same-sex couples of the legal benefits of marriage constitute "discriminatory treatment without a rational basis" and as such violate Article 14 of the Constitution of Japan. The court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not expressly prohibit the recognition of same-sex marriages. Over the following two years, five other district courts issued rulings either upholding the ban or declaring it unconstitutional. In March 2024, the Sapporo High Court issued a verdict stating that the same-sex marriage ban violated the Constitution, the first time an appellate court had reached such a conclusion. The Tokyo High Court ruled similarly in October 2024. While these rulings did not legalize same-sex marriage in Japan, it is anticipated that they may pressure the National Diet to act on legislation opening marriage to same-sex couples. Bills were introduced to the Diet in 2019 and 2023.
