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LGBT rights in Japan

This article is about LGBT legal rights in Japan. For a general overview, see Homosexuality in Japan.

LGBT rights in Japan
Japan
StatusLegal since 1882
Gender identityChange of legal sex allowed since 2004, following sex reassignment surgery[1][2]
MilitaryLGBT people allowed to serve openly
Discrimination protectionsSexual orientation and gender identity protected in some cities and prefectures, though not nationally[3]
Family rights
Recognition of relationshipsNo national legal recognition of same-sex relationships, some localities offer partnership certificates
AdoptionNo recognition nationally, some localities provide accommodations

Lesbian, gay, bisexual, and transgender (LGBT) people in Japan have fewer legal protections than in most other developed countries,[4][5] although some developments towards stronger rights have been made in the 2020s.[6] Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent.[7] Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures, covering over 60% of the population by 2023, offer "partnership certificates" to recognise the relationships of same-sex couples and provide some legal benefits. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form.[8][9] In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively.[10][11] While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution,[12] in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution,[13] though the court's ruling has no immediate legal effect.[14] In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional.[15] A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.[16]

Japan's culture and major religions do not have a history of hostility towards homosexuality.[17] A 2019 poll indicated that 68 percent of the respondents agreed that homosexuality should be accepted by society, while 22 percent disagreed.[18] Although many political parties have not openly supported or opposed LGBT rights, there are several openly LGBT politicians in office. The conservative Liberal Democratic Party, Japan's leading political party, remains opposed to same-sex marriage,[19] while two other major parties, the liberal Constitutional Democratic Party and libertarian Innovation Party both favor same-sex marriage. As of 2023, marriage equality movements have been gaining prominence within the nation.[20] A law allowing transgender individuals to change their legal gender post-sex reassignment surgery and sterilization was passed in 2003. The sterilization requirement was unanimously ruled by the Japanese Supreme Court to be unconstitutional in October 2023, removing the requirement.[1] Discrimination on the basis of sexual orientation and gender identity is banned in some cities, including Tokyo.[21]

Tokyo Rainbow Pride has been held annually since 2012, with attendance increasing every year.[22] A 2015 opinion poll reflected that the majority of its respondents supported the legalization of same-sex marriage.[23] Further opinion polls conducted over the following years have found high levels of support for same-sex marriage among the Japanese public, most notably the younger generation.[24][25] However, a 2020 survey of over 10,000 LGBT people in Japan found that 38 percent of LGBT people had been harassed or assaulted.[26]

  1. ^ a b "Japan's top court strikes down required sterilization surgery to officially change gender".
  2. ^ "A Japanese court rules it's unconstitutional to require surgery for a change of gender on documents".
  3. ^ "ILGA State sponsored homophobia 2008.doc" (PDF). Ilga.org. Archived from the original (PDF) on 6 March 2009. Retrieved 20 January 2011.
  4. ^ Lee, Michelle; Inuma, Julia. "Japan is hostile for LGBTQ people, but attitudes are shifting. Slowly". The Washington Post. Retrieved 7 August 2023.
  5. ^ McCurry, Justin (8 June 2023). "Japan court falls short of calling same-sex marriage ban unconstitutional". The Guardian.
  6. ^ Joplin, Kat. "Politics and pageantry for Japan's LGBTQ community in 2023". The Japan Times. Retrieved 10 December 2023.
  7. ^ "H-Net Reviews". H-net.org. May 2000. Retrieved 16 June 2014.
  8. ^ Justin McCurry (30 October 2020). "Japan's 'love hotels' accused of anti-gay discrimination". The Guardian.
  9. ^ Khalil, Shaimaa. "Marriage equality eludes Japan's same-sex couples". BBC. Retrieved 3 October 2023.
  10. ^ 日本放送協会. "同性婚認めないのは違憲の初判断 国への賠償は退ける 札幌地裁". NHK政治マガジン (in Japanese). Retrieved 27 February 2023.
  11. ^ 日本放送協会. "同性婚認めないのは憲法違反 違憲判断は全国2件目 名古屋地裁". NHK NEWS WEB (in Japanese). Retrieved 16 October 2023.
  12. ^ 日本放送協会. ""同性婚 認められないのは憲法に違反せず" 大阪地裁 | NHK". NHKニュース. Retrieved 27 February 2023.
  13. ^ 日本放送協会. "同性婚 法制度ないのは違憲状態も憲法には違反せず 東京地裁 | NHK". NHKニュース. Retrieved 27 February 2023.
  14. ^ "Japan court rules same-sex marriage ban constitutional, but advocates hold out hope". The Japan Times. 30 November 2022. Retrieved 24 February 2023.
  15. ^ Lies, Elaine (8 June 2023). "Japan ruling on same-sex marriage disappoints but 'a step forward'". Reuters. Retrieved 15 November 2023. A Japanese court on Thursday said a ban on same-sex marriage was constitutional
  16. ^ ""Legislation of same-sex marriage is essential" to promote understanding of LGBTQ people: Second lawsuit argument at Tokyo District Court". 東京新聞 TOKYO Web. Retrieved 28 September 2023.
  17. ^ Sam Shoushi (25 March 2008). "Japan and Sexual Minorities | ヒューライツ大阪". Hurights.or.jp. Retrieved 16 June 2014.
  18. ^ "The Global Divide on Homosexuality Persists". Pew Research Center. 25 June 2020. Retrieved 18 April 2021.
  19. ^ Lies, Elaine; Pomfret, James. "More LGBTQ rights could help Asia financial hubs draw global talent". Reuters. Retrieved 31 August 2023.
  20. ^ Condon, Ali. "Japan: Family court rules it's unconstitutional to require surgery for gender change". PinkNews. Retrieved 16 October 2023.
  21. ^ "Archived copy" (PDF). Archived from the original (PDF) on 16 November 2013. Retrieved 14 October 2013.{{cite web}}: CS1 maint: archived copy as title (link)
  22. ^ "12 pictures of Tokyo Pride which will make your day". 8 May 2017. Retrieved 8 April 2018.
  23. ^ Chisaki Watanabe (29 November 2015). "Majority of Japanese Support Same-Sex Marriage, Poll Shows - Bloomberg Business". Bloomberg.com. Retrieved 27 December 2015.
  24. ^ "Survey: 78% of Japanese in 20s to 50s favor legal gay marriages". The Asahi Shimbun. 28 January 2019.
  25. ^ Cite error: The named reference PewResearch was invoked but never defined (see the help page).
  26. ^ "38% of LGBT people in Japan sexually harassed or assaulted: survey". Kyodo News. 27 December 2020.

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