Eight people, including same-sex couples living in Tokyo, sought damages from the government, arguing that provisions in Japan’s civil code and other legislation that do not recognize same-sex marriage are in violation of the Constitution.

In March last year, the Tokyo District Court noted that the ban deprives individuals of the important personal interest of living in accordance with their gender identity and sexual orientation and ruled it unconstitutional.

But the lower court rejected the claim for compensation, prompting the plaintiffs to appeal.

Since 2019, six lawsuits over same-sex marriage have been filed in five locations nationwide.

Initial rulings by district courts have varied, with two finding the ban unconstitutional, three deeming the situation was in an unconstitutional state, and one ruling it constitutional.

Following appeals, high courts have found the ban unconstitutional in five of the cases.

The latest decision at the Tokyo High Court on November 28 was the first to rule it constitutional, creating a split among high court judgments as well.