Marriage Equality: Legal Status in Japan and the United States

Understanding the Legal Recognition of Same-Sex Marriage in Japan and the United States

Marriage equality remains a central issue in the global movement for LGBTQ+ rights. Both Japan and the United States have seen significant legal developments, activism, and social change around the question of whether same-sex couples can legally marry and enjoy the associated rights and protections. This article provides a detailed examination of the current status, recent legal changes, and actionable steps for those seeking more information or support in both countries.

Legal Status of Same-Sex Marriage in Japan

Japan remains the only G7 nation that does not fully recognize same-sex marriage, despite several landmark court rulings in recent years. The legal context is complex, with a growing number of judicial decisions challenging the government’s longstanding ban on same-sex marriage.

Recent Court Rulings and Their Impact

In March 2024, the Sapporo High Court upheld a previous district court’s decision, declaring that the ban on same-sex marriage was unconstitutional under Article 14 of the Japanese Constitution, which guarantees equality under the law. This was a significant milestone, but it did not automatically grant legal recognition to same-sex marriages nationwide [2] . In October 2024, the Tokyo High Court similarly ruled that the ban violates both Article 14(1) and Article 24(2) of the Constitution, further supporting the push for equal rights [1] . Additional high courts, such as those in Nagoya and Osaka, issued parallel rulings in March 2025, declaring the ban unconstitutional [4] .

Despite these victories, none of the high court decisions have the power to change the law directly. The Supreme Court of Japan has yet to make a final, binding ruling, and the National Diet (Japan’s legislature) has not passed legislation to legalize same-sex marriage [3] .

Current Legal Reality for Same-Sex Couples in Japan

Same-sex marriage is not legally recognized at the national level in Japan. Couples cannot register their marriages with local governments, and same-sex unions do not receive the same legal rights and benefits as heterosexual marriages [5] . However, a growing number of municipalities and prefectures issue partnership certificates, which may offer limited benefits such as hospital visitation rights and housing access. These certificates do not provide full legal recognition or nationwide protection.

Practical Steps and Support in Japan

If you are a same-sex couple in Japan seeking legal recognition or support:

You can contact your local city or ward office to inquire about partnership certificates. Be aware that these certificates offer only partial benefits and are not equivalent to marriage.
Advocacy groups such as “Marriage for All Japan” offer resources, legal advice, and support for couples. To find reliable help, search for “Marriage for All Japan” or visit trusted LGBTQ+ advocacy organizations in your city.
To stay informed about legal developments, monitor reputable news sources and legal analysis from established organizations.

It is possible that reforms will occur in the coming years, especially as public opinion in Japan has shifted significantly. Recent polls show that more than 70% of Japanese people now support marriage equality, up from about 40% a decade ago [3] . Legislative change, however, requires greater action from policymakers.

Legal Status of Same-Sex Marriage in the United States

In contrast to Japan, same-sex marriage has been fully legal in all 50 U.S. states since June 26, 2015, following the Supreme Court’s landmark decision in
Obergefell v. Hodges
. This ruling established that states must both issue marriage licenses to same-sex couples and recognize such marriages performed in other states.

How Marriage Equality Became Nationwide Law

The movement toward marriage equality in the United States accelerated in the early 21st century, with several states passing laws or court decisions in favor of same-sex marriage. However, until 2015, the legal landscape was uneven and varied by state. The
Obergefell v. Hodges
decision unified marriage law across the nation by ruling that bans on same-sex marriage violate both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

As a result, all U.S. states, territories, and the District of Columbia are required to license and recognize marriages regardless of the couple’s gender. This provides same-sex couples with the full range of federal and state marriage benefits, including tax filing, inheritance rights, healthcare decision-making, and parental rights.

Practical Guidance for Same-Sex Couples in the U.S.

If you are a same-sex couple in the United States and wish to marry, you can:

Apply for a marriage license at your local county clerk’s office. Requirements such as identification, fees, and waiting periods may vary by state.
Consult the official website of your state or county government for detailed application instructions. For example, searching “[Your State] marriage license application” on your state’s official website will provide step-by-step guidance.
Access support and resources from organizations such as the Human Rights Campaign (HRC), Lambda Legal, or GLAD. These groups offer legal assistance, advocacy, and up-to-date information.

There is no federal waiting period or residency requirement for marriage, but some states may have local guidelines. Marriage ceremonies can be conducted by judges, religious officials, or other authorized persons according to state law.

Comparing the Two Systems: Key Differences and Ongoing Challenges

The legal status of same-sex marriage in Japan and the United States illustrates the spectrum of global progress and the ongoing struggle for equal rights.

United States: Marriage equality is guaranteed by federal law and enforced in all states. Legal rights and protections are comprehensive and standardized, though some challenges in implementation and social acceptance persist in certain areas.
Japan: Despite multiple high court rulings that the ban on same-sex marriage is unconstitutional, legislative action has not yet delivered marriage equality. Same-sex couples are still denied the full legal benefits of marriage, though partnership certificates may provide some limited recognition in select municipalities.

For those navigating these legal landscapes, it is crucial to seek out up-to-date, reliable information and to connect with established advocacy organizations for support. In Japan, legislative reform remains the critical next step, and continued public engagement and pressure on policymakers are essential for progress.

What to Expect in the Future

The momentum for marriage equality in Japan is stronger than ever, with public support at an all-time high and a series of court decisions declaring the ban unconstitutional. However, until the Supreme Court of Japan issues a definitive ruling or the National Diet passes a marriage equality law, same-sex marriage remains unrecognized at the national level.

In the United States, marriage equality is well established, but ongoing vigilance is necessary to protect these rights and address related issues such as discrimination, parental rights, and access to benefits. Advocacy groups continue to monitor legal developments and support couples facing challenges.

Next Steps and How to Access Services

For Japan: If you are seeking official recognition or legal support:

Contact your local government office to inquire about partnership certificates and available benefits.
Seek legal advice from established LGBTQ+ advocacy organizations. Use search terms such as “LGBTQ support Japan” or “Marriage for All Japan.”
Monitor news updates from reputable sources for the latest legal developments.

For the United States: If you wish to get married:

Visit your county or state’s official government website for marriage license application requirements.
Contact local legal aid organizations or LGBTQ+ advocacy groups for support and information.
Consult with a family law attorney for complex legal or parental rights questions.

For both countries, always verify information through official channels, be aware of local variations in procedures, and seek expert guidance when necessary.