Trends toward the realization of same-sex marriage in Japan

Same-sex marriage is not currently recognized in Japan. Some local governments, such as Shibuya Ward in Tokyo, have introduced a partnership system, the equivalent of marriage for same-sex couples, which allows them to publicly prove their relationship. However, since the partnership system is not legally binding, it does not recognize nearly all of the rights that arise in opposite-sex marriages.

For example, same-sex couples can be rejected when applying for a lease because they are legally strangers, and in many medical cases, they are not allowed to sign for emergency surgeries at some medical facilities. If you marry a foreign partner in a country where same-sex marriage is recognized, you will not be able to obtain a status of residence for your partner in Japan. Furthermore, even if both partners are raising a child together, the one(s) who has not given birth will be a “stranger” under the law. Should anything happen to the birth parent, the other partner may not be able to be involved with the child.

For these reasons, the partnership system is not sufficient. Legalizing same-sex marriage is important if we want equal rights for LGBTQ people.

The Constitution doesn’t prohibit same-sex marriage but doesn’t assume to recognize it

If the Constitution of Japan prohibits same-sex marriage, then legalization is very difficult. That is because the amendment requires more than two-thirds of the members of the House of Representatives and a majority of the referendum. In fact, the Constitution has never been amended since it came into force in 1947.

In Article 24, Paragraph 1 of the Constitution of Japan, which stipulates that “marriage shall be solely based on the consent of the two sexes,” it is interpreted that only a marriage between a man and a woman is recognized. On the other hand, considering the strongly patriarchal background of the time when the Constitution was enacted, the purpose of the enactment of Article 24, Paragraph 1 of the Constitution was to guarantee the fundamental human rights stipulated as the basic principle of the Constitution of Japan, and the main purpose was to allow equal marriage without being restrained by gender roles. Therefore, the Constitution doesn’t prohibit same-sex marriage. The government said it doesn’t assume to recognize a same-sex marriage in 2018 not did it say it was constitutional.

How then can Japan legalize same-sex marriage?

Historical unconstitutional judgment in Sapporo

On Feb. 14, 2019, “Marriage for All” lawsuits were launched across Japan to promote debate in the Diet on legalizing same-sex marriage; on the 17th of the following month, the Sapporo District Court issued a historic ruling that the state’s refusal to recognize same-sex marriage violates the principle of equality set forth in Article 14, Paragraph1 of the Constitution and is unconstitutional.

Business for Marriage Equality campaign

“Business for Marriage Equality” campaign, which visualizes companies that support the realization of same-sex marriage, has found that a growing number of companies have expressed their support for the legalization of same-sex marriage. There are currently 217 companies working towards improving the physical and mental health of their internal LGBT and their supporters, as well as the sustainable development of their businesses, through internal talk sessions and company-to-company exchanges of LGBT representatives. Business for Marriage Equality will be one of the criteria by which those seeking same-sex marriage will be measured in their employment, as well as facilitating their outreach to the other companies and government.

“Marriage for All Japan,” a non-profit organization that has played a central role in promoting this movement, is working to change the mindset of Diet members by holding a study session with the political party called “Japan Restoration Association” in February to exchange opinions on same-sex marriage.

Gender policy as a major issue in the 2021 election

There are signs that the debate for gender is expanding. Gender policy became an issue in the October 2021 lower house election. According to the Mainichi Shimbun, the number of articles in which the word “gender” appeared in seven national newspapers and other media during the lower house election was reported to be about 43 times that of the previous lower house election in 2017.

More understanding of LGBTQ is the key

However, the debate on the legalization of same-sex marriage has still not shown significant progress. A fundamental issue could be the serious lack of knowledge of LGBTQ due to inadequate sex education in Japan. Unless education sees changes, it will be difficult to eliminate prejudice. However, in March 2017, the Courses of Obligatory Study, revised every 10 years, were passed not to include content on LGBTQ. In addition, the tendency in Japanese society to view conversations about sexuality as bad is also contributes to the lack of knowledge about LGBTQ. In order to change attitudes toward the realization of same-sex marriage, it is necessary to first change the culture unique to Japan, including the embarrassment to express one’s opinions publicly, and the creation of a non-judgmental society that accepts a diversity of opinions.