This is a message from the Tokyo Bar Association.

The third oral argument hearing for the Tokyo 2nd "Freedom of Marriage for All" lawsuit was held, and the Tokyo High Court has concluded its appeal hearing, with the ruling set to be handed down on November 28, 2025. This will be the last high court ruling in the "Freedom of Marriage for All" lawsuit series. We believe that following Sapporo, Tokyo 1st, Fukuoka, Nagoya, and Osaka, the high court will also rule the law unconstitutional in Tokyo 2nd. We would appreciate your continued support.

Date and time: May 20, 2025, from 15:00 to 16:00

Venue: Tokyo High Court, Courtroom 101

Judges: Presiding Judge Ayumi Higashi, Judge Koichi Migita, and Judge Fumitaka Hayashi (24th Civil Division)

Attendance: 8 appellants, 18 representatives of the appellee and others, 4 representatives of the appellee

[Contents of the 3rd oral argument hearing]

1. Update of arguments

Because three judges were replaced, a procedure known as "update of arguments" was carried out at the beginning of the trial.

2. Submission of documents and statements (URL links for each document are here )

(1) Appellants

The appellants submitted the following briefs to the Court prior to this hearing:

・Appeal Trial No. 7 Preparatory Brief (Regarding changes in social facts (2))

(2) Appellee (country)

The appellant submitted the following written argument to the court prior to this hearing:

- First Preparatory Brief for the Appeal (Responses to the Appellants' Preparatory Briefs Nos. 4 to 6)

 3 Opinion statement 

 (1) Statement of opinion by Ms. Fujii ( Click here for the full summary of the statement of opinion ) 

 Fujii has been walking through life with Fukuda for 11 years. Five years have passed since the lawsuit was filed in 2021, during which time she lost her mother and her beloved cats. "I wanted to show my mother, who blessed our relationship, that we could get married in Japan and give her peace of mind. But that wish will no longer come true," she said, expressing her heartbreaking feelings. 

They also pointed out that while getting married in New York was a happy moment for them as they became an official couple both legally and socially, it was also true that no matter how much of a wedding ceremony you have overseas, it has no legal effect in Japan.

Finally, they conveyed their heartfelt feelings to the court, saying, "We don't want young people to go through the same things that we did. That's why I want things to change now. By recognizing marriage equality, no one will be made unhappy. It will simply increase the number of people who can be happy, even if it's just one person. One person's happiness does not take away someone else's happiness."

(2) Appellant Fukuda’s statement of opinion ( Click here for the full summary of the statement of opinion )

Ms. Fukuda said that now that she is 50 years old and looking back on her life, she has always lived while giving up something. Before she filed the lawsuit, she lived in an environment where understanding of homosexuality was not advanced, and it was natural for her to hide the fact that she was a lesbian and to lie in accordance with society's expectations. However, when she was diagnosed with cancer at the age of 40, and as she faced the disease, she felt a strong desire to "spend the rest of my life married to my partner Miyuki and to be true to myself."

She also said that in 2023, when she spent three months on a business trip to New York, she realized that she had not been happy in Japan. When their marriage was officially recognized at New York City Hall and she received a message and gift of congratulations from her boss at work, she was filled with the happiness and security of being a wife. She spoke vividly of the scene at the time, as she keenly felt that the happiness and security that can be gained through marriage in Japan was being taken away.

Finally, they quietly but strongly appealed to the court, saying, "Looking at the faces of each and every one of the plaintiffs here and listening to their stories, do you still think that we are people who are not worthy of getting married and receiving blessings?" "We are not seeking any special rights. We simply want the option to get married and pursue happiness, just like heterosexuals. We want the right to live with dignity like everyone else, regardless of the sexuality we were born with. That is all."

 (3) Appellant Kei’s statement of opinion ( Click here for the full summary of the statement of opinion ) 

 Kei spoke about how she has remained in the closet and has not come out about her sexuality in society, and about her life with her same-sex partner, Mr. A, with whom she has been together for over 20 years. She said, "No one ever blessed our relationship, but even when we broke up, I couldn't rely on anyone." 

 And when she obtained a copy of her family register, there was not a single trace of the relationship she had built with A over the course of more than 20 years, and she was treated as if she "did not exist." She was under the illusion that even her own life "never existed." Although she thought she understood it intellectually, the reality was thrust upon her once again, and she described her feelings at the time, saying, "I felt like my dignity as a human being had been taken away." 

 Kei clearly stated, "Whether or not we are recognized as having the freedom and right to live with someone else is a matter that concerns the dignity of each and every one of us," and strongly argued that her reason for standing here and continuing to be a plaintiff and appellant was not to regret her past losses, but "so as not to let her life 'never exist.'" 

(4) Statement of opinion by Mr. Fujii, the appellant’s attorney ( Click here for the full summary of the statement of opinion, and here for the summary of the statement of opinion and attachments )

Given that the composition of the court has changed, Attorney Fujii once again outlined the key points of this lawsuit and referred the parties to the attached document for further details.

Regarding the unique significance of this lawsuit, the court argued that the parties involved are not limited to homosexuals, but include people with a variety of gender identities and sexual orientations, such as the appellants, Mr. Hitotsubashi and Mr. Takeda, couples in which at least one member is transgender and has not changed their gender on family register, and therefore is treated as the same sex under the law.

He also reiterated that the issue in the "Freedom of Marriage for All" lawsuits is not that there is no legal system in place to protect same-sex couples as a family, but rather that the denial of the current legal marriage system violates the Constitution and should also be considered illegal under the State Compensation Act.

(5) Statement of opinion by Attorney Mukai, counsel for the appellant ( Click here for the full summary of the statement of opinion )

 Attorney Mukai argued that the violation of Article 24, Paragraph 1 of the Constitution should be acknowledged. 

 First, she emphasized that the purpose of Article 24, paragraph 1 of the Constitution is not to legally limit marriage to opposite-sex couples, and that the interpretation of Article 24, paragraph 1 needs to be updated in light of the basic principles of the Constitution, taking into account fundamental social changes, such as the social situation since the Constitution was enacted. 

 She then pointed out two major errors in the original ruling: 1) the fact-finding and evaluation of changes in social conditions since the establishment of the Constitution led to the conclusion that "the ruling has not yet reached the point where it is necessary to guarantee the freedom of marriage for same-sex couples under the law," and 2) the court cited the theory of social recognition, giving undue weight to the dissenting opinion of a minority, and using it as a justification for denying the legal guarantee of freedom of marriage for same-sex couples. 

 Finally, she strongly appealed, "We just want a normal life for most people. That is all." "As has been the case in past historic rulings, we expect the judiciary to play its role in proactively showing the new direction in which society should move." 

(6) Statement of opinion by Mr. Masui, the appellant’s attorney ( Click here for the full summary of the statement of opinion )

Masui argued that the violation of Article 14 and Article 24, paragraph 2 of the Constitution should be acknowledged. In particular, he emphasized that establishing a system separate from the current legal marriage system would instead create discrimination, and that same-sex couples should be required to use the current legal marriage system, and that the creation of any other alternative system would not resolve the issue of constitutional violation.

Furthermore, in the series of "Freedom of Marriage for All" lawsuits, the claims for state compensation have not been allowed in any of the district court or high court rulings, so I said that a ruling that allows the claims for state compensation should be made. I strongly urged the Diet and the government not to give them any time to act, because it is easy to see from the past that they will continue to ignore judicial decisions, and that "what the judges should do is not only to find the provisions in question unconstitutional, but also to issue a strong warning to the Diet to encourage legislative measures by recognizing liability for compensation under the State Compensation Act."

4. Communication on deadline

After the statements were made, the court confirmed that the trial would conclude today and that the next hearing would be the date for announcing the verdict.

5. Future plans

The court has set the following dates for the delivery of the judgment:

Friday, November 28, 2025 11:00

Judgment date (public procedure, open to the public)

@Tokyo High Court, Courtroom 101

6. Date report meeting

[Online deadline report session]

A hybrid deadline report meeting was held, broadcast live on YouTube and in person (the archive can be viewed here ).

 Date and time: May 20, 2025 (Tuesday) 16:30-17:30 

 Speakers: (Appellant) Ms. Fujii, Ms. Fukuda, Ms. Hatogai, Ms. Kawachi, Mr. Yamagata 

 (Appellant's counsel) Attorneys Sawazaki, Fujii, Masui, Mukai, and Inoue (moderator) 

7. Other Notices

<X (old Twitter)>
The latest information on the "Freedom to Marry for All" Tokyo lawsuit (first and second phases) is being posted on the Tokyo Bar Association's X account (@KejisubeTokyo) as it becomes available.
We would also like to ask you to please support the National Kejisube Plaintiffs Group (@kejisubegenkoku), which is a direct message from plaintiffs across the country in the "Freedom to Marry for All" lawsuit.
Tokyo Defense Team’s X account: https://twitter.com/KejisubeTokyo
Kejisube Plaintiffs' X Account ⇒ https://twitter.com/kejisubegenkoku

＜CALL4＞
Once the documents to be submitted to the court are prepared, they will be made public as soon as possible on the case site of the public litigation support site CALL4. CALL4 case site ⇒ https://www.call4.jp/info.php?type=items&id=I0000031

<Donations>
You can support and donate to the nationwide "Freedom to Marry for All" legal team by going to the "Support Us" section on the CALL4 case site.
⇒ https://www.call4.jp/pay_regist.php?type=pay&items_id=I0000031
The series of "Freedom to Marry for All" lawsuits will continue until the Supreme Court's ruling unless same-sex marriage is legalized. Your donations will be used to cover the actual costs of the lawsuit (stamps, copying, transportation, fees for requesting written opinions, etc.) excluding attorney's fees. Thank you for your cooperation.  

A report from the Aichi lawsuit.

On May 16, 2025, we submitted the "Statement of Grounds for Appeal" and the "Statement of Grounds for Acceptance of Appeal."

Both petitions are addressed to the Supreme Court, outlining the type of ruling they would like the Court to make.

As a constitutional ruling, they are arguing that the Supreme Court should rule that "the freedom to marry is legally guaranteed to same-sex couples, and excluding them from the legal marriage system is unconstitutional."

In addition, with regard to claims for state compensation, they claim that because it has been clear to the Diet that the lack of legal protections for same-sex couples is a violation of the Constitution, yet the government has failed to take action for a long time, the claim for compensation should be granted.

Each document will be made available for viewing under the litigation files tab at a later date.

We appreciate your continued support.

Regarding the "Freedom of Marriage for All" Tokyo Second Lawsuit, the Tokyo Bar Association has announced the date for the third oral argument hearing in the appeals court and the hearing report session.

The "Freedom to Marry for All" Tokyo Second Lawsuit is currently undergoing appeal hearings at the Tokyo High Court.

The third oral argument hearing will be held on May 20, 2025. The appellants (plaintiffs in the first instance), Kei, Rie Fukuda, and Miyuki Fujii, and their attorneys are scheduled to make their final statements before the verdict is announced.

The appeal hearing will also conclude at this hearing, and a verdict date is expected to be set.

The Tokyo 2nd appeal hearing, which will be the last of the "Freedom of Marriage for All" lawsuits to have an appeal decision, is finally coming to an end, and this will be the last opportunity to directly observe the arguments being made in court. The appeal decisions made by the Sapporo, Tokyo, Fukuoka, Osaka, and Nagoya high courts so far have all found the law unconstitutional. We believe that the Tokyo 2nd lawsuit will also find that the current law, which legally prohibits same-sex couples from using the marriage system, is unconstitutional.

Your support in various forms, such as attending court hearings, participating in and viewing court report sessions, and posting on social media, will help us. We appreciate your continued support.

[Third oral argument hearing in the appeal court]

Date and time: May 20, 2025 (Tuesday) from 15:00

Venue: Tokyo High Court, Courtroom 101

Case number: Reiwa 6 (Ne) No. 1861

Case name: "Freedom to Marry for All" lawsuit appeal case

*Lottery for spectators

Since it is expected that there will be a large number of people wishing to observe the hearing, those who wish to observe the hearing should obtain a lottery ticket at the court's No. 2 issuing office by 2:40 p.m. on the day of the hearing. For details , please check the following URL. .

https://www.courts.go.jp/app/botyokoufu_jp/detail?id=18620&list_id=6

[Date Reporting Session]

Date and time: May 20, 2025 (Tuesday) from around 16:30 (scheduled)

Location: Bar Association Building, 5th floor, Meeting Room 508

1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo

(Direct from the B1-b exit of Kasumigaseki Station on the Tokyo Metro Marunouchi Line)

https://maps.app.goo.gl/xG9GqoqffygLyRDR9

Live streaming available online on the Youtube Malifaux channel

URL: https://www.youtube.com/live/onAhgUbjZSM

(Note)

・The start times shown are merely tentative and may change depending on the situation on the day. In addition, the live streaming of the deadline report session may not be possible or the video and audio may be disrupted due to communication conditions or equipment problems. We ask for your understanding in advance.

・At the meeting venue, the organizers and media will be taking photographs, and the general public will also be attending. If you do not wish to be photographed or appear in the footage, please sit in the designated no-photography area at the venue.

・To media organizations and general attendees, please be careful when taking photos to avoid capturing people sitting in areas where photography is prohibited. Please refrain from pointing cameras or smartphones at areas where photography is prohibited, taking photos, and posting those photos on social media or the internet.

<X (old Twitter)>

The latest information on the "Freedom to Marry for All" Tokyo lawsuit (first and second phases) is being posted on the Tokyo Bar Association's X account (@KejisubeTokyo) as it becomes available.

We would also like to ask you to please support the National Kejisube Plaintiffs Group (@kejisubegenkoku), which is a direct message from plaintiffs across the country in the "Freedom to Marry for All" lawsuit.

Tokyo Defense Team’s X account: https://twitter.com/KejisubeTokyo

Kejisube Plaintiffs' X Account ⇒ https://twitter.com/kejisubegenkoku

＜CALL4＞

Once the documents to be submitted to the court are prepared, they will be made public as soon as possible on the case site of the public litigation support site CALL4.

CALL4 case site ⇒ https://www.call4.jp/info.php?type=items&id=I0000031

<Donations>

Support and donations to the nationwide "Freedom to Marry for All" litigation legal team are also being accepted through the "Support Us" section on the CALL4 case site.

⇒ https://www.call4.jp/pay_regist.php?type=pay&items_id=I0000031

sorry.

"Freedom to marry for all" - Aichi litigation defense team reports on the Nagoya High Court ruling and appeal.

[Judgment report]

The High Court has ruled the law unconstitutional for the fourth time! Violation of Article 14, Paragraph 1 and Article 24, Paragraph 2 of the Constitution

In the Aichi lawsuit "Freedom of Marriage for All," the Nagoya High Court (Civil Division 3, Presiding Judge Katada Nobuhiro) handed down its appellate court decision on March 7, 2025.

This ruling found that the provisions of the current Civil Code and Family Registration Act, which distinguish same-sex couples from utilizing the legal marriage system, are unconstitutional, violating Article 14, paragraph 1 and Article 24, paragraph 2 of the Constitution.

<Outline of the verdict date>

Date and time: March 7, 2025, 11:00 a.m.

Venue: Nagoya High Court, Courtroom No. 1

Attendance: 1 appellant (plaintiff), an attorney for the appellant, and an attorney for the appellee.

<Summary of the ruling>

The judgment concluded that the provisions in question, which distinguish same-sex couples from utilizing the legal marriage system, are legally discriminatory treatment based on sexual orientation that lacks a reasonable basis in light of the demands of individual dignity, and therefore violate Article 14, paragraph 1 of the Constitution. It also concluded that the provisions in question exceed the scope of legislative discretion given to the Diet, and therefore violate Article 24, paragraph 2 of the Constitution.

On the other hand, the court ruled that the Diet's failure to take legislative measures to allow same-sex couples to utilize the legal marriage system was not illegal under the State Compensation Act, and dismissed the appellants' claim for state compensation.

・Click here for the summary of this ruling

https://www.call4.jp/file/pdf/202503/3d1319cb8501fa1cfddafdf8a56e806b.pdf

Read the full ruling here

https://www.call4.jp/file/pdf/202503/24ff475399f044eefa21d45b39a80f42.pdf

<Significance of this ruling>

This ruling is the fourth in the series of "Freedom of Marriage for All" lawsuits, following the Fukuoka High Court ruling of December 13th of last year, and follows on from the Fukuoka High Court ruling, it clearly found the provisions in question unconstitutional. This ruling is significant in that it determined that the essence of marriage is an intrinsic value linked to the dignity of the individual, carefully fact-finding the disadvantages of not being able to use the legal marriage system, and concluded that "the distinction made by the provisions in question, which means that same-sex couples cannot use the legal marriage system, is a legal discrimination based on sexual orientation that lacks a reasonable basis in light of the demands of individual dignity, and must be said to violate Article 14, paragraph 1 of the Constitution, and also violates Article 24, paragraph 2 of the Constitution as it exceeds the scope of the legislative discretion given to the Diet."

Furthermore, after providing a detailed rebuttal to the arguments against legalizing same-sex marriage, the court stated that it is difficult to imagine any specific disadvantages that the public would suffer, and ruled that it cannot be said that a massive amount of legislative work would be required to amend the law. This is also significant as a stern criticism of the Diet, which has been slow to legalize same-sex marriage.

<Press conference/reporting session>

In the afternoon, a press conference and briefing session was held to report on the significance of the ruling, comments on the ruling, and the state of the courtroom.

Archives are also available. (Subtitles and sign language interpretation available)

・Press conference archive

https://www.youtube.com/watch?v=rjmMXxgB77o

・Report Archive

https://www.youtube.com/watch?v=H3f8AD22Avw

[Appeal Report] To the Supreme Court

Although the legal team highly appreciates the meaningful ruling of the Nagoya High Court, the following issues remain with this ruling. In order to overcome these issues, the legal team in the Aichi lawsuit submitted a "Notice of Appeal and Petition for Acceptance of Final Appeal" on March 19th.

This will move the case to the Supreme Court for review.

(This document is addressed to the Supreme Court, but the Nagoya High Court is the reception desk.)

There are two points that require further progress towards the Supreme Court's decision:

① The High Court ruling did not explicitly state whether it violated Article 24, Paragraph 1 of the Constitution

② The High Court ruling did not acknowledge any violation of the State Compensation Act

Regarding point ② in particular, the Nagoya High Court ruling determined that since there is no uniformity in the decisions deeming the provisions in question unconstitutional and the Supreme Court has not yet issued a ruling, the legislative failure to enact legislation cannot yet be considered illegal under the State Compensation Act.

However, since nine unconstitutional rulings have been issued by district and high courts, it is clear that the legislature is in a position to immediately enact legislation. The fact that the legislature continues to "keep a close eye" on the issue and continues to neglect to enact concrete legislation means that it is unjust to deny the illegality of the issue under the State Compensation Act.

At the Supreme Court, we will take on the case together with legal teams from other regions, with the goal of winning a unified Supreme Court ruling on the violations of Article 24, Paragraphs 1 and 2 and Article 14, Paragraph 1 of the Constitution, and a ruling that the Diet's inaction on legislation was an unjustifiable omission and illegal.

Last year, the Hokkaido Bar Association created an explanatory video on how the proceedings proceed after the appeal to the Supreme Court and how to support the case. Please take a look at this video as well.

https://www.youtube.com/watch?v=oBiF58n8mKs&list=PLAIGLlWV4D0wdp9qk5BrQSEX_h7qPJIsT

In order to achieve a legislative solution without waiting for the Supreme Court's decision, we will continue to work together with the Aichi plaintiffs and their supporters on activities both inside and outside of litigation.

We appreciate your continued support.

The Kansai lawsuit will finally be decided by the Osaka High Court on March 25th.

Stay tuned for the final High Court ruling in the first lawsuit!

The verdict was delivered:

Date and time: March 25, 2025 (Tuesday) 11:00

Venue: Courtroom 202, Main Building, Osaka District and High Court

is!

[Details of the schedule on the day]

10:00-10:15 Distribution of spectator lottery tickets and lottery drawing

Admission to the hearing is expected to be by lottery.

Those who wish to observe the hearing should pick up their lottery ticket in front of the main entrance of the Osaka High Court main building by 10:15 a.m. Please note that if you do not receive your ticket, you will not be able to take part in the lottery and will not be able to observe the hearing.

Please check the following information for information regarding the distribution of lottery tickets.

・Osaka High Court: Spectator Ticket Issuance Information https://www.courts.go.jp/osaka-h/kengaku/index.html

・Kansai Lawyers Group X https://x.com/kejisubeKansai

If you do not win the lottery, you can wait near the courthouse until the scheduled flag-off from around 11:30. If you do not win the lottery, you will not be able to enter the courtroom, but you will be able to enter the courthouse building. You will also be able to use the Osaka Bar Association's second floor hall from 11:00.

Around 10:30, the plaintiffs and their lawyers entered the courtroom through the main gate.

The plaintiffs and their lawyers carried banners and entered the courtroom through the main gate on the south side of the courthouse.

11:00 Judgment @ Osaka High Court, Courtroom 202

In court, the judge will read out a summary of the ruling (a summary of the main points).

Please remain silent until the judge leaves the room.

Around 11:30 Flag raising

Following the verdict, the defense team will display a flag informing viewers of the content of the verdict and will answer questions from the media on the south side of the sidewalk (planned location) across the roadway in front of the south main gate of the courthouse.

Many media outlets will be filming this event, so if you want to see the flag raising but don't want to be filmed, please take measures such as watching from the camera's blind spot or hiding your face with a hat or mask.

Those watching are welcome to take photos of the members raising the flag. However, please be careful not to include supporters in your photos, as there will likely be many people watching the flag raising.

The flag raising will be broadcast live in real time.

https://www.youtube.com/watch?v=N8JT7LnhG1E

If you can't see it in person, you can watch it here.

12:00 ~ Letter and message board event

In the hall on the second floor of the Osaka Bar Association Building, we will be holding an event to write letters to members of parliament and a message board event to support the lawsuit.

If you didn't win the lottery or have already seen the flag raising event, please come along at any time and let's write letters together.

You can bring your own lunch!

14:00 Press Conference

A press conference for the media will be held in the hall on the second floor of the Osaka Bar Association Building.

Supporters are also welcome to attend. Please sit at the back of the venue as the front seats are for journalists.

Media reception is scheduled to begin at 1:00 p.m., and camera setup will begin at 1:30 p.m.

The press conference will be broadcast live.

https://www.youtube.com/watch?v=i9QZlG7wu5M

*Please note that depending on the reception conditions at the venue, the broadcast may be interrupted or may not be possible.

The broadcast will be subtitled. Sign language interpretation and subtitles will be available at the venue.

In addition to a report on the verdict from the defense team, we will also hear comments from the four plaintiffs (appellants).

During this time, we will be speaking to the media, and questions from the media will be given priority during the Q&A session. Questions from people outside the media will be answered at the verdict report session, which will be held after the press conference at around 3 p.m. If you have any questions, please post them in the chat during the report session.

15:00 Judgment report session

After the press conference, there will be a break followed by a debriefing session.

We will be broadcasting a live report on the Osaka High Court ruling to supporters.

Please feel free to send us your questions or comments in the chat section.

Moderator: Maki Muraki (CEO of Certified NPO Nijiiro Diversity)

Speakers: Kansai Bar Association, Kansai Lawsuit Plaintiffs (Appellants), and Supporters

The verdict report will be broadcast live.

https://www.youtube.com/watch?v=VCZwIeOtucY

*Please note that depending on the reception conditions at the venue, the broadcast may be interrupted or may not be possible.

Sign language interpretation and subtitles will be provided both online and at the venue.

The event is scheduled to finish around 4 p.m. You can enter and leave at any time.

[Notable rulings and news highlights]

The Osaka District Court was the only court to rule the law constitutional at the district court level, but subsequent district courts, as well as the Sapporo High Court, Tokyo High Court, Fukuoka High Court, and Nagoya High Court, have all ruled the law unconstitutional.

Please watch the video below for a summary of the Fukuoka High Court ruling.

https://www.youtube.com/watch?v=NhnGmNxFL_U

For more information about the Nagoya High Court ruling, please watch the video below.

https://www.youtube.com/watch?v=H3f8AD22Avw

Please see below for the report of the Osaka District Court ruling.

https://www.youtube.com/watch?v=_JoqJWAPJ4k

[Latest update from the legal team]

Kansai Bar Association's X (formerly Twitter) will be posting regular updates regarding the lawsuit.

https://x.com/kejisubeKansai

In addition, the verdict and the defense statement will be posted on call4 on the same day.

https://www.call4.jp/info.php?id=i0000031&type=items

"Freedom of Marriage for All" Aichi Lawsuit: Notice of Judgment Date at Nagoya High Court

The Aichi lawsuit will finally reach a ruling at the Nagoya High Court on March 7th.

Date and time: Friday , March 7 , 2025 , 11:00

Venue: Nagoya High Court, Courtroom No. 1

1. Details of the time schedule for the day

[9:40am: Supporters gather for tour]

Location: Marunouchi Station, Exit 1

This is a public hearing tour organized by supporters.

Volunteers who wish to observe the trial gather together, and under the guidance of a facilitator, they spend a short time interacting with each other before heading to the court together. There are always first-time participants. Please feel free to join us.

No prior registration is required, so please come directly on the day.

Please note that attendance is determined by lottery, so if you participate in the tour but do not win the lottery, you will not be able to attend the hearing.

Of course, you can also go directly to the court by yourself at the time when the lottery tickets are distributed without joining a tour.

[From around 10:00 to 10:25: Lottery tickets will be distributed, then the lottery will be held]

Those who wish to attend the hearing should follow the court's instructions and pick up their lottery tickets on the north side of the courthouse by 10:25 a.m.

Please note that if you do not receive your numbered ticket by this time, you will not be able to take part in the lottery and will not be able to attend the hearing.

If you are selected in the lottery, please undergo baggage inspection at the south entrance of the courthouse and enter Courtroom 1 on the first floor.

The courtroom is immediately on the left after passing through security.

If you have scissors or a cutter in your carry-on luggage, you will need to check it in. If you normally carry stationery or makeup in your bag, it will be easier if you remove them from your luggage on the day.

If you do not win the lottery, you can wait near the courthouse until the flag is raised at 11:40.

[11:00 Judgment date]

In court, the judge will read out a summary of the ruling (a summary of the main points).

Please watch quietly without expressing your opinion or clapping until the judge has left the room.

[11:40 Flag raising]

Flags will be set up outside the courthouse on the southwest sidewalk.

(Exit the courthouse through the security checkpoint and it is on your right)

A flag will be displayed announcing the contents of the verdict, and the defense team will briefly respond to media interviews to report the contents of the verdict.

Many media outlets will be filming the proceedings, so if you want to see the flag raising but don't want your face to be in the footage, we ask that you take measures such as hiding your face with a mask or watching from a location that is out of the camera's blind spot.

With the cooperation of Malifaux, we will be broadcasting the event in real time.

https://www.youtube.com/live/DNQITCOkzIc

If you're far away, please watch over us from here.

[14:00 Press Conference]

A press conference will be held for the media in the International Center Annex Hall.

Supporters are also welcome to participate.

Doors open to the media at 1pm and to the public at 1.30pm.

(Opening times have been staggered to facilitate the use of filming equipment and to ensure that no-filming areas are in place.)

The press conference will also be broadcast live, with sign language interpretation and subtitles.

　https://www.youtube.com/live/rjmMXxgB77o

If you require transcription at the venue, UD Talk is available.

We will also hear comments from the plaintiffs in the Kansai lawsuit, whose verdict will be heard at the Osaka High Court on March 35th, and from the plaintiffs in the Tokyo Second Lawsuit, who are currently fighting an appeal at the Tokyo High Court.

[15:30 Judgment report meeting]

After the press conference, there will be a break followed by a debriefing session.

We will provide supporters with a more frank explanation of the verdict and our thoughts on the matter.

The press conference will also be broadcast live, with sign language interpretation and subtitles.

https://www.youtube.com/live/H3f8AD22Avw

If you require transcription at the venue, UD Talk is available.

The event is scheduled to finish around 4:30 p.m.

It is OK to enter and leave at any time.

2. Important points of judgments and news

One month before the verdict, the defense team held an online review course to help people understand the news and key points of the verdict.

We explained what points you should pay attention to in news about court decisions, and what to do if you want to read the court decision.

https://www.youtube.com/watch?v=NhnGmNxFL_U&t=3s

There is an archive, so please take a look.

3. Latest information from the defense team

We will be posting updates regarding the Aichi lawsuit on Twitter (formerly Twitter).

https://x.com/mfajaichibengo

This is a message from the Tokyo Bar Association.

We are pleased to report that the second oral argument hearing in the appeal hearing for the "Freedom to Marry for All" Tokyo Second Litigation has been held.

Date and time: January 28, 2025, 15:00 to 15:30

Venue: Tokyo High Court, Courtroom 101

Judges: Presiding Judge Minoru Masuda, Judge Takanori Koumi, and Judge Tetsuya Fujikura (24th Civil Division)

Attendance: 7 appellants, 21 representatives of the appellee and others, 4 representatives of the appellee

[Contents of the first oral argument hearing]

1. Update of arguments

Because one judge was replaced, a procedure known as "update of arguments" was carried out at the beginning of the trial.

2. Submission of documents and statements (URL links for each document are here )

(1) Appellants

The appellants submitted several briefs to the Court prior to this hearing, including, in particular:

・Second Preparatory Brief for the Appeal (Regarding the Arikae, Taniguchi and Kato Opinion)

・Appeal Trial Third Preparatory Brief (Disadvantages in the Case of Partnerships)

- Appeal Trial No. 4 Preparatory Brief (Regarding the Appellant's Arguments)

- Appeal Trial Preparatory Brief No. 5 (Article 24 Paragraph 1, Article 24 Paragraph 2, Article 14 Paragraph 1, and Sub-Argument 2)

- Appeal Trial No. 6 Preparatory Brief (regarding illegality under the State Compensation Act)

(2) Appellee (country)

·none

 3. Statement of opinion

 (1) Appellant Ms. Hatogai’s statement of opinion ( Click here for the full summary of the statement of opinion)

 Ms. Hatogai has been spending 18 years with Ms. Kawachi as her life partner. The two have lived together, cooperating with each other, as if they were legally married to a married couple of opposite sexes. They have done everything they can to protect themselves, such as getting a notarized document, but they still cannot overcome the enormous wall of "marriage," and they feel "empty because we are not in the same situation as a married couple of opposite sexes."

 She also explained that whenever the system was changed, she had to go through the process of changing her relationship status on her resident registration to "cohabitant," "related person," etc., and after going through the process four times over a six-year period, she was finally able to change it to "wife (unreported)." However, the use of "wife (unreported)" is merely a voluntary initiative by the local government and has no legal effect, and she appealed to the court, saying, "In the end, the national law must change," and "We sincerely hope that one day we will be able to change our relationship status on our resident registration to 'spouse'."

Finally, they expressed their frustration at the Tokyo Second District Court's ruling, which placed too much importance on "tradition" and "social acceptance" and failed to accept their existence, and expressed their hopes for the court's decision, saying, "We trust that the court will accept our reality and, with clear logic, rule that our law is unconstitutional."

 (2) Statement of opinion by the appellant, Ms. Kawachi ( Click here for the full summary of the statement of opinion)

 Kawachi said that four years have passed since the lawsuit was filed, and that the time that has passed without their marriage being recognized has been a great sacrifice. As she feels that her parents are getting old, there is only a short time left for them to remember her. "I wanted my parents, especially my father, who suffered from his own prejudice, to join me in welcoming a society in which same-sex marriage is now possible. I wanted them to see us get married in full force, with both of our parents present."

 She then appealed to the judge, saying, "Not only the parties involved, but their loved ones are also continuing to wait for the marriage to take place."

 She also said, "The institution of marriage not only has legal effect, but is in itself a symbol of happiness," and "the views on marriage and ethics that are rooted in society should not be exclusive to heterosexuals." She also said, "If when the Constitution was enacted there was no assumption that marriage would be between people of the same sex, then now is the time to update that interpretation."

 Finally, they quietly but firmly appealed to the court, "Please look at us in front of you and make your decision. There are many people in the audience and behind them in the same situation, waiting for marriage equality."

(3) Statement of opinion by Attorney Sawasaki ( Click here for the full summary of the statement of opinion)

Attorney Sawazaki stated that, following the three high court rulings in Sapporo, Tokyo, and Fukuoka, a more proactive ruling should be made in this lawsuit as well, and spoke about three remaining issues, highlighting the key points that need to be addressed.

Specifically, we argued that the court should make a clear ruling that a separate system, even if it had the same content, would not be permitted under the Constitution and that nothing other than its inclusion in the current legal marriage system would be permitted, that the violation of Article 24, paragraph 1 of the Constitution should be clearly recognized, and that since there are sufficient circumstances to recognize the illegality under the State Compensation Act, the illegality under the State Compensation Act should be recognized and compensation should be ordered.

4. Communication on deadline

After the statements of opinion were made, the future course of action was confirmed.

The appellants will submit supplementary written arguments, and the appellee (the government) will submit a written rebuttal, both by May 8th.

5. Future plans

The court has set the following dates for future proceedings:

Tuesday, May 20, 2025 15:00

3rd oral argument date (open to the public, open to the public)

@Tokyo High Court, Courtroom 101

6. Date report meeting

[Online deadline report session]

A hybrid deadline report meeting was held, broadcast live on YouTube and in person (the archive can be viewed here ).

Date and time: January 28, 2025 (Tuesday) 16:30-17:30

Speakers: Appellant Mr. Hatogai, Appellant Mr. Kawachi, Appellant Mr. Yamagata, Attorneys Sawazaki, Fujii, and Inoue (moderator)

"Freedom to marry for all" - An announcement from the Kyushu Bar Association.

The ruling issued by the Fukuoka High Court on December 13, 2024 was

The court acknowledged the violation of Articles 13, 14 Paragraph 1, and 24 Paragraph 2 of the Constitution, and further stated, "Simply put, unless the use of the legal marriage system in the same way as heterosexual marriage is recognized, the violation of Article 14 Paragraph 1 of the Constitution will not be resolved," making it an excellent ruling that made it clear that a system separate from marriage would not be acceptable and that marriage was required.

However , on the day the verdict was handed down, Chief Cabinet Secretary Yoshimasa Hayashi responded (at a press conference) that he would continue to keep a close eye on the case.

Furthermore, although Prime Minister Shigeru Ishiba and Foreign Minister Keisuke Suzuki stated that happiness levels would increase if same-sex marriage were recognized, there was no concrete talk about amending the law to allow same-sex couples to marry.

Thus, unconstitutional rulings have continued, and even though the Fukuoka ruling made it clear that marriage is required, the Diet and the government have not taken any action, so on December 26th the plaintiffs appealed.

In the future,

Within 50 days of receiving the notice of appeal, the plaintiff must submit a written statement of the reasons for the appeal or for the acceptance of the appeal to the Fukuoka High Court.

If the grounds for appeal meet the prescribed formalities, the Fukuoka High Court will send the case to the Supreme Court.

The Supreme Court will then notify you of this once it has received the case (in the Hokkaido lawsuit, the notification was made on June 21, 2024 (approximately three months after the High Court ruling)).

The Supreme Court does not meet in court as frequently as district and high courts, and when it does meet, it only meets once for arguments.

A verdict will then be given.

There are a total of 30 plaintiffs and legal teams from Kyushu.

We don't know when the arguments will be made or when the verdict will be announced, but we would appreciate your continued support.

We would appreciate a donation so that we can all travel to Tokyo and attend the arguments and verdicts at the Supreme Court.

Thank you very much.

Regarding the "Freedom of Marriage for All" Tokyo Second Lawsuit, the Tokyo Bar Association has announced the date for the second oral argument hearing in the appeals court and the hearing report session.

The "Freedom of Marriage for All" Tokyo Second Lawsuit is currently being heard in the appeal court (more information on the appeal here ), and the second oral argument hearing will be held on January 28, 2025.

At this hearing, the appellants (plaintiffs) Kawachi and Hatogai, as well as the Tokyo Bar Association, are scheduled to make statements.

Your support in various ways, such as attending court hearings, participating in and viewing court report sessions, and posting on social media, will help us. We appreciate your continued support.

[Second oral hearing in the appeal trial]

Date and time: Tuesday, January 28, 2025, 3:00 p.m.

Venue: Tokyo High Court, Courtroom 101

Case number and case name: Reiwa 6 (Ne) No. 1861 "Freedom of Marriage for All" lawsuit appeal case

◆ Lottery for spectators

As it is expected that there will be a large number of people wishing to observe the trial, the court may distribute numbered tickets on the day and hold a lottery. Details on the distribution of numbered tickets will be announced on the court's official website about one week before the trial, so please refer to the URL below.

https://www.courts.go.jp/app/botyokoufu_jp/list?id=6

[Date Reporting Session]

After the deadline, a report session will be held (details on time, location, distribution, etc. will be announced at a later date).

(Added on January 20, 2025)

After the deadline, we will hold a deadline report session. Please join us.

Time: Starts around 4:30pm

・Venue: Toranomon Hall (2nd floor, Suishin Kouei Building, 1-9-5 Nishi-Shinbashi, Minato-ku, Tokyo)

About 13 minutes walk from Tokyo High Court

About 4 minutes walk from Uchisaiwaicho Station on the Toei Mita Line

About 4 minutes walk from Toranomon Station on the Ginza Line

Approximately 8 minutes walk from Shinbashi Station on the Yamanote Line

*The deadline report session will also be streamed online. If you are unable to attend the venue on the day, please watch it online.

URL: https://www.youtube.com/live/zeCSl7stQtM?si=5zp-4-T4rDJk17BO

<X (formerly Twitter)>

The latest information on the "Freedom to Marry for All" Tokyo lawsuit (first and second phases) is being posted on the Tokyo Bar Association's X account (@KejisubeTokyo) as it becomes available.

We would also like to ask you to please support the National Kejisube Plaintiffs Group (@kejisubegenkoku), which is a direct message from plaintiffs across the country in the "Freedom to Marry for All" lawsuit.

Tokyo Defense Team’s X account: https://twitter.com/KejisubeTokyo

Kejisube Plaintiffs' X Account ⇒ https://twitter.com/kejisubegenkoku

＜CALL4＞

Once the documents to be submitted to the court are prepared, they will be made public as soon as possible on the case site of the public litigation support site CALL4.

CALL4 case site ⇒ https://www.call4.jp/info.php?type=items&id=I0000031

<Donations>

Support and donations to the nationwide "Freedom to Marry for All" litigation legal team are also being accepted through the "Support Us" section on the CALL4 case site.

⇒ https://www.call4.jp/pay_regist.php?type=pay&items_id=I0000031