Same-sex marriage is not legally recognized in Japan today. Article 24 of the Japanese Constitution stipulates that “marriage shall be solely based on the consent of the two sexes,” and this article has been a barrier to the legalization of same-sex marriage. Based on this interpretation, the mainstream view is that marriage is limited to opposite-sex couples. This prevents same-sex couples from enjoying the legal rights and social guarantees provided by marriage.
In response to the current lack of legal recognition of same-sex marriage
There are growing calls for same-sex marriage. In addition to calls from human rights organizations and the LGBTQ+ community in Japan and abroad, in 2021 the Sapporo District Court ruled that the current law not recognizing same-sex marriage “violates the Constitution. While this ruling was groundbreaking, further legal reform is needed for same-sex marriage to be recognized nationwide.
Expansion of the Partnership System
While same-sex marriages are not recognized, the partnership system, which has been introduced at the municipal level, is one source of support for same-sex couples. Under this system, same-sex couples can obtain a partnership certificate to officially recognize their relationship as a couple.
As of 2022, many local governments in Japan have adopted this system, and its scope is expanding every year. In some cases, obtaining a certificate improves convenience in daily life, such as hospital visitation permits and improved handling of rental housing contracts. However, the partnership system is not legally binding and has significant limitations compared to heterosexual marriages.
Challenges that do not allow for legal rights
Because same-sex couples are not legally recognized as married, they do not enjoy the following basic rights
1. inheritance rights
Since same-sex couples are not legally recognized as spouses, they are not automatically entitled to inherit property in the event of their partner’s death
2. right to medical consent
When a partner receives medical treatment at a hospital, the right to consent to surgery, etc. is not recognized.
3. tax benefits
You are not entitled to the income tax and inheritance tax benefits that heterosexual spouses are entitled to.
4. social insurance coverage
There are also restrictions on health insurance and pension coverage as a spouse.
These issues loom large as practical problems faced by same-sex couples. These challenges could be resolved if same-sex marriages were recognized, but they are difficult to resolve under the current law.
International Comparison and Challenges for Japan
Globally, the number of countries that recognize same-sex marriage is increasing: as of 2022, many countries have legalized same-sex marriage, including the United States, Canada, Australia, France, and Germany. In these countries, the legalization of same-sex marriage has greatly improved LGBTQ+ rights and promoted a more equal society.
On the other hand, Japan, while economically advanced, has been noted as lagging behind in LGBTQ+ legal rights. In Asia, Taiwan became the first Asian country to legalize same-sex marriage in 2019. This move has also had an impact on Japan, stimulating debate in the country.
Future Prospects and Paths to Solving Issues
In order to legalize same-sex marriage in Japan, legal reform is essential. This will require a change in awareness and political movement throughout society. Recently, LGBTQ+ support at the corporate and municipal levels is progressing, which is leading to greater social awareness. Efforts are also underway in education to deepen understanding of diversity.
However, many challenges still remain in the realization of same-sex marriage. In particular, traditional views of the family and cultural values are obstacles to the realization of same-sex marriage. To overcome these obstacles, extensive discussions and awareness-raising activities are needed.
Conclusion
The legal rights and challenges of LGBTQ+ people in Japan are clearly evident in the current status of same-sex marriage and partnership systems. Legalization of same-sex marriage would be an important step toward resolving many of the challenges faced by the LGBTQ+ community and achieving a more equal society. It will require individuals, businesses, and governments to work together to change the attitudes of society as a whole. We must face this issue and move forward into the future.