Is Japan’s Government Deliberately Ignoring Queer Citizens?
By Christine Kinori
Even though Japan is considered one of the developed countries with the least laws protecting LGBTQ+ minorities, it has made some admirable steps towards safeguarding the human rights of its queer citizens in the past four years. This is perhaps because Japan has more positive public attitudes towards the LGBTQ+ community. Unfortunately, this has not translated to addressing the well-being of sexual and gender minorities’ at the national level.
Japan is currently the only G7 member that is yet to allow same-sex marriage. Queer activists have been trying to get the Japanese courts to recognize same-sex marriages for years. According to a survey done in 2023, Japan had the highest percentage of acceptance out of the Asian countries regarding same-sex marriages. Approximately, 70% of Japanese people support same-sex marriage. So why are same-sex marriages banned in Japan?
Well, the problem lies with the country’s constitution. Articles 737 to 731 of the Japanese Civil Code limit marriage to heterosexual couples. The country’s constitution only recognizes marriage between a man and a woman and grants them equal rights of husband and wife as a basis. Japan also doesn’t recognize same-sex marriages done outside the country. The lack of same-sex marriage recognition has set limits on the rights many queer Japanese couples can enjoy.
However, Japan has a same-sex partnership system. This initially started back in 2015 when Tokyo’s Shibuya ward came up with a partnership system that would allow queer couples access to healthcare and housing. By getting the “proof of partnership” paper, queer Japanese couples can get access to public housing, home loans, insurance coverage, and access to their partner’s medical information. According to Statista, by 2022, 209 local governments in Japan implemented a same-sex partnership system. There was also an increase in the number of registered couples from about 1.7 to 2.8 thousand in 2022 alone.
Sadly, the proof of partnership document is not legally binding. This means that hospitals and government facilities are free to discriminate against the queer community if they so wish. Queer Japanese people still have to fight discrimination every day, especially on the national level, as there are no anti-discrimination laws to protect them. So far, only local governments have tried their best to implement laws that protect the queer community, but these laws hold no water since they are not legally binding.
While the implementation of anti-discrimination laws and the same-sex partnership system at the local government level might look like a step forward, it is simply a band-aid. At the end of the day, it doesn’t afford LGBTQ couples the same rights as their heterosexual married couples. For example, queer couples in Japan are not allowed to adopt, which means they can’t start a family of their own. After the government passed the Bill on Specified Assisted Reproductive Technology into law in 2022, lesbian couples and single women are unable to access IVF and artificial insemination.
Even though some municipalities have established partnership family systems since 2023, adoption and parenting remain legally complicated matters for the Japanese queer community. Once again, these rights are limited to specific regions, and each region has their own rules. Most importantly, the documents are not legally binding, but they at least allow queer partners to make medical decisions for their children, and to pick up their children at their respective schools.
As more municipalities continue to make efforts towards equality and fight against discrimination, the pressure on the national government is mounting. Appeals to the courts to allow same-sex marriages are ongoing. Most people have come out to call the ban unconstitutional. So far, five out of six district courts have also declared the same-sex marriage ban unconstitutional. However, these are small courts and don’t have the power to outright allow same-sex marriages. Only the Japan Supreme Court can decide on this matter. An appeal was made to the national government to take action and legalize same-sex marriage. Many have accused the government of stonewalling the process and deliberately ignoring the fundamental issues when passing the Promotion of Public Understanding of Diversity in Sexual Orientation and Gender Identity Bill into law in June 2023.
As the discussion and the legal appeals continue, it remains imperative that the Japanese government give a definitive answer on LGBTQ+ matters. It is only then that the country can move forward in its fight against discrimination. With public support already on the LGBTQ+ side, it is only a matter of time before the government is forced to honor the wishes of its people.
About the Author
Christine Siamanta Kinori grew up in a little village in Kenya known as Loitoktok near the border of Kenya and Tanzania. All she wanted to do when she grew up was to explore the world. Her curiosity led her to join Nairobi University to pursue a degree in Journalism and Mass Communications. She later got a job with an amazing travel magazine Nomad Africa which gave her the opportunity to explore Africa. She also writes for numerous travel websites about Africa and tries to create a new narrative in the media about our aesthetic continent.
Christine claims to have somewhat unhealthy addiction to TV and reading, as it is a fun way to keep herself occupied during the long journeys for her travel writing. She is also a believer of letting people be their beautiful selves. To her, love is love and it is the greatest gift we have as humans.
