Japan does not currently recognize same-sex marriage under national law. The Japanese Constitution, adopted in 1947, defines marriage as being “based only on the mutual consent of both sexes” (Article 24), a phrase that has traditionally been interpreted to exclude same-sex couples. However, as of May 2025, over 530 municipalities across Japan, covering approximately 92.5 percent of the population, have implemented partnership systems that grant limited recognition to same-sex couples. A total of 9,836 partnership certificates have been issued to date.
Some regions have taken further steps. In August 2023, Aichi Prefecture announced a “family-ship” system that extends recognition not only to same-sex couples but also to their children. Omura City in Nagasaki Prefecture became the first municipality to record a same-sex couple as de facto spouses on official residence certificates in May 2024.
Despite these advances, these partnership programs are not legally binding and do not provide the same protections as marriage under national law. While local governments have taken measures to offer some protection to same-sex couples, legal reforms have been stagnant. As a result, advocates have turned to the courts, seeking constitutional recognition of marriage equality through the judicial system.
Since 2021, Japan has seen a series of court rulings addressing the constitutionality of the country’s ban on same-sex marriage. Eight major rulings have been issued by district and high courts across the country. The first came from the Sapporo District Court in March 2021, which declared the ban unconstitutional, citing a violation of the right to equality (Article 14). This was followed by similar rulings by the Hokkaido High Court and the Tokyo High Court, among others – plus one notable exception in June 2022, when the Osaka District Court upheld the constitutionality of the ban.
The ruling by the Fukuoka High Court in December 2024 was a particular landmark. It was the most comprehensive judgment at the time, finding the ban unconstitutional under all three constitutional provisions cited by the plaintiffs: the right to pursue happiness (Article 13), the right to equality (Article 14), and the freedom to marry (Article 24).
In March 2025, the Nagoya High Court joined this growing judicial consensus, also ruling the ban unconstitutional. Later that same month, the Osaka High Court overturned its district court’s earlier decision, marking the fifth high court to reach the same conclusion.
This consistent pattern – except for the earlier Osaka District Court ruling, which has now been negated – reflects the judiciary’s recognition of the need for legal protections for same-sex couples. The accumulating rulings have increased pressure on the Supreme Court to address the issue.
How have these judgments intersected with public opinion about same-sex marriage in Japan? Survey data from multiple sources since 2021 has consistently shown that more than half of the public is supportive of same-sex marriages. An Asahi Shimbun survey reported 65 percent support in March 2021. A Kyodo News poll found 64 percent support in February 2023. Pew Research Center data in November 2023 indicated 68 percent supporting, especially among young and female respondents. That was the biggest share of support for same-sex marriage among the 12 countries polled in Asia and much higher than the median of 49 percent.
An original survey experiment was conducted in Fukuoka and its neighboring prefectures, spanning two weeks before and after the ruling and sampling around 1,300 respondents in total. It found that respondents strongly supporting same-sex marriage rose from 26 percent before the ruling to 40 percent immediately after. However, this effect did not last more than a day. This suggests that the series of court decisions probably had a limited effect on public opinion, especially in the long term.
The high support rates for same-sex marriage reported by various sources should not be solely attributed to court rulings, then. Other factors such as the development of same-sex partnerships at the local level and the the normalization of same-sex romance narratives in BL (Boys’ Love) and and GL (Girls’ Love) dramas and movies produced in Japan, South Korea, Taiwan, Thailand, and Vietnam in the recent years probably were also important factors that seem to be highly relatable to people’s daily lives.
A sentiment analysis based on around 280 BL and GL dramas showed that viewer comments have been predominantly positive among Asian audiences, despite the varying stages of societal and legal development regarding LGBTQ rights in the countries where these audiences reside. The increase in BL dramas in Asia have led to the emergence of various subgenres and stylistic innovations. Some recent BL dramas in Japan featuring male idol group members have enjoyed considerable commercial success.
Japan’s example suggests that legal victories are not enough on their own to bring higher public support for same-sex marriage in the long term. Local policies and artistic expressions are also important driving forces.