Plaintiffs in Japan are seeking a clear ruling on whether the country’s ban on same-sex marriage is unconstitutional. Delivering signatures to the Supreme Court Monday, plaintiffs called for an unambiguous decision for legalization of same-sex marriage. Japan is currently the only G7 country where same-sex marriage is illegal.

The case before Japan’s Supreme Court is a consolidation of six cases. In five of the cases, the lower and appellate courts found the ban unconstitutional. However, the Tokyo High Court found the ban constitutional.

The Constitutional issues are in Articles 24(1) and (2), and Article 14(1). Article 14 states that “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” Article 24(1) states that marriage shall be maintained with cooperation and equal rights. However, it states “husband and wife.” Additionally, it requires mutual consent of both sexes. Conversely, Article 24(2) states “equality between the sexes,” for “choice of spouse,” among other things.

Courts that sided with the plaintiffs held the bans violate the above articles of the Constitution.

The Tokyo High Court, however, found that based on the time the articles were added it was reasonable to interpret the amendments as only covering only opposite-sex marriage.  It was also noted that same-sex marriage legalization should be something investigated and debated by Japan’s National Diet.

Currently, Japan’s Prime Minister is opposed to legalizing same-sex marriage. Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, has reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”.Japan’s Diet did pass an LGBTQ anti-discrimination law in 2023, but stopped short of approving same-sex marriage.