Recognition of same-sex unions in Japan

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Japan does not recognize same-sex marriages or civil unions. [1] Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. [2] [3] Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships, [4] [5] particularly the younger generation. [6] Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, [7] and Komeito support legalizing same-sex marriage. [8] Nippon Ishin no Kai also supports same-sex marriage, but believes a constitutional amendment is necessary to legalize it. [8] However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it. [9]

Contents

On 17 March 2021, a district court in Sapporo ruled the same-sex marriage ban unconstitutional, arguing that laws or regulations that deprive same-sex couples of the legal benefits of marriage constitute "discriminatory treatment without a rational basis" and as such violate Article 14 of the Constitution of Japan. The court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not prohibit the recognition of same-sex marriages. [10] Over the following two years, five other district courts issued rulings either upholding the ban or declaring it unconstitutional. [11] [12] In March 2024, the Sapporo High Court issued a verdict stating that the same-sex marriage ban violated the Constitution, the first time an appellate court had reached such a conclusion. [13] [14] [15] The Tokyo High Court ruled similarly in October 2024. [16] While these rulings did not legalize same-sex marriage in Japan, it is anticipated that they may pressure the National Diet to act on legislation opening marriage to same-sex couples. Bills were introduced to the Diet in 2019 and 2023. [17]

Historical recognition of same-sex relationships

While there are no records of same-sex marriages as understood from a Western perspective being performed in pre-modern Japanese culture, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. During the Edo period, some forms of same-sex relations were recognized. For instance, within Buddhist monasteries, age-structured relationships known as nanshoku (男色) existed, where an older partner (念者, nenja), usually a monk or an abbot, would take a younger man (稚児, chigo) as his partner. The relationship, which involved sexual relations, would be dissolved once the boy reached adulthood (or left the monastery). Both parties were encouraged to treat the relationship seriously and conduct the affair honorably, and the nenja might be required to write a formal vow of fidelity. [18] Among the samurai class, there were similar age-structured relationships, known as wakashūdō (若衆道). The older partner was permitted, if the younger partner agreed, to take him as his lover until he came of age; this relationship, often formalized in a "brotherhood contract", was expected to be exclusive, with both partners swearing to take no other male lovers. [19] Both parties were expected to be loyal unto death, and to assist the other both in feudal duties and in honor-driven obligations such as duels and vendettas. Although sexual relations were expected to end when the younger partner came of age, the relationship would, ideally, develop into a lifelong bond of friendship. At the same time, sexual activity with women was not barred (for either party), and once the boy came of age, both were free to seek other wakashū lovers. [20]

It is believed that the Ainu people traditionally recognized people who fulfilled a cultural third gender role. These people may have been shamans. Ainu folkflore and oral history also recount stories of married men taking male concubines as sexual partners. [21] Marriage (ウホクコレ, uhokukore) in Ainu society generally involved first cousins, and polygamy was also permitted. [22]

Partnership certification system

Map of Japanese subdivisions that issue partnership certificates to same-sex couples:
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Issues partnership certificates to same-sex couples Japanese municipalities with partnership certificates.png
Map of Japanese subdivisions that issue partnership certificates to same-sex couples:
  Issues partnership certificates to same-sex couples

As of 1 October 2024, 450 municipalities and 30 prefectures have established a "partnership oath system" (Japanese : パートナーシップ宣誓制度, pātonāshippu sensei seido, pronounced [paːtonaːɕiꜜppɯseɰ̃seːseꜜːdo] ), also known as "partnership certification system" (パートナーシップ証明制度, pātonāshippu shōmei seido), which provides same-sex couples with some limited benefits. The couple is issued a special certificate which may be useful in matters such as housing, hospital visitation rights and consenting to surgery for a partner. [2] [3] However, the system is not legally binding and there is no legal obligation on landlords or hospitals to honour the couples' rights even if presented with a certificate, though cities have encouraged companies, hospitals and landlords to recognize the certificate. [5] The various benefits provided by the system are also very limited in comparison to those granted to married couples; same-sex couples cannot inherit the estate and property of a deceased partner or attend the funeral of a deceased partner for instance. Partners must meet certain requirements, including living in the municipality or prefecture, being older than 20 years of age, and not having a spouse or another partner. Several jurisdictions have also established a "partnership familyship system" (パートナーシップ・ファミリーシップ制度, pātonāshippu famirīshippu seido), which also recognises the children and in-laws of same-sex couples, and allows partners to make medical decisions for their child, and to pick up their children at schools and kindergartens (whereas previously only the biological parent was allowed to pick up the child). Some registries have also been extended to opposite-sex couples who do not wish to be married.

On April 1, 2015, Shibuya in central Tokyo announced it would offer same-sex couples special "partnership certificates". While these licenses are not legally recognized as marriage certificates, they may be used in civil matters such as hospital visitation rights and housing. [23] [24] The Shibuya city office began accepting applications on 28 October 2015. [25] In response to this action by the Shibuya city office, the "Special Committee to Protect Family Ties" (家族の絆を守る特命委員会, kazoku no kizuna wo mamoru tokumei iinkai) of the federal ruling Liberal Democratic Party was formed in March 2015 to discuss the matter. An officer from the Ministry of Justice who was invited to comment stated that the action by Shibuya is legal because the certificate issued is not a marriage certificate and the current Japanese legal code does not prohibit the "partnership" of same-sex couples. [26]

The number of jurisdictions establishing partnership systems has increased every year since then. 21 cities established a same-sex partnership registry in 2019, notably Kitakyushu, Nagasaki, [27] Sakai, and Yokohama. [28] 36 cities followed suit in 2020, including Kawasaki, Kyoto, Niigata, Okayama, and Sagamihara, and 69 more cities followed in 2021, notably Adachi, Hiroshima, [29] Kanazawa, and Kōchi. [30] In 2022, 107 cities established a partnership system, including Kagoshima, Nagano, Nagoya, and Shizuoka. [31] Ibaraki Prefecture became the first prefecture to establish a partnership system in January 2019, [32] [33] [34] and 29 more prefectures have since followed suit, including highly populated Tokyo Metropolis and Osaka Prefecture. All these jurisdictions together account for about 89% of the Japanese population. [35]

In May 2024, the city of Ōmura registered a same-sex couple, Keita Matsuura and Yutaro Fujiyama, as partners under the same address. Initially, the city had offered to register Fujiyama as Matsuura's relative, but after discussions, it decided to register him like a husband, a move labelled as "groundbreaking". Despite the registration not being the same as legal marriage, Matsuura said he was "surprised and very happy". "I think it's a groundbreaking decision — a step further than the non-legally-binding partnership system. I hope this will bring more practical benefits to same-sex couples, and will be a step towards legalizing same-sex marriage.", he said. [36] On 1 November 2024, Nakano and Setagaya wards in Tokyo announced that—like opposite-sex couples in common-law marriages—same-sex couples would be listed as "unregistered husbands" or "unregistered wives" on their residence registries. [37]

On April 1, 2024, the governments of Osaka, Kyoto, and Hyōgo prefectures established the Partnership System Inter-Municipality Collaboration Network (パートナーシップ制度自治体間連携ネットワーク, pātonāshippu seido jichitai-kan renkei nettowāku) as a common mutual agreement through which signatory jurisdictions, including prefectures, cities, towns and villages, may recognize and process each other's partnership registries for purposes of travel or relocation. By October 23, 2024, 17 additional prefectures (Aichi, Akita, Aomori, Fukui, Fukuoka, Gifu, Gunma, Ibaraki, Mie, Nara, Niigata, Ōita, Saga, Shiga, Toyama, Wakayama and Yamagata) and 150 cities, towns and villages had announced their registries' accession to the network agreement. [38] [39] [40] [41] [42] [43] [44] [45]

Same-sex marriage

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
Marriage performed
Marriage recognized
Other type of partnership
Legal guardianships or unregistered cohabitation
Limited foreign recognition (residency rights)
No recognition of same-sex couples
Restrictions on freedom of expression, not enforced
Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
Prison, not enforced
Prison
Death penalty on books, not enforced
Enforced death penalty
v
t
e Asia homosexuality laws.svg
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

Same-sex marriage (同性結婚, dōsei kekkon, pronounced [doːseːkekkoɴ] ) [lower-alpha 1] is not recognized in Japan. However, debate on the issue has emerged in recent years, with several political parties expressing support or openness to discuss the matter. Several lawsuits contesting the law barring same-sex marriage were filed in court in February 2019. In addition, polling suggests high levels of support for same-sex marriage among the Japanese public, notably among women and the younger generation.

Background

On March 27, 2009, it was reported that Japan would allow its nationals to marry foreign same-sex partners in countries where same-sex marriage is legal. Japan had previously refused to issue a document, which states that a person is single and of legal age and is required for citizens to wed overseas, if the applicant's intended spouse was of the same legal sex. Under the change, the Ministry of Justice instructed local authorities to issue the key certificate to citizens who wish to marry their same-sex partners. [47]

In June 2011, the deputy head abbot of Kyoto's Shunkō-in temple announced that the temple would perform same-sex marriage ceremonies as part of Pride Month. [48] Similarly, in April 2020, the deputy head abbot of Kawagoe's Saimyouji temple, announced that he would perform same-sex marriage ceremonies. [49] Since 15 May 2012, Tokyo Disney Resort has allowed symbolic same-sex marriage ceremonies in its Cinderella's Castle hotel. [50] Its first same-sex marriage was held on March 3, 2013, between Koyuki Higashi and her partner Hiroko Masuhara. [51] [52]

In March 2019, the Justice Ministry revoked a deportation order for a gay Taiwanese man who had remained in Japan illegally after overstaying his visa, giving consideration to his longtime same-sex relationship with a Japanese national. The Ministry issued a special residence permit to the man, who had lived in Japan for about 25 years. The Ministry's Immigration Bureau granted him a one-year resident visa after the Tokyo District Court suggested that it review the order. [53] [54]

Constitutional wording

Article 24 of the Japanese Constitution states: [55] "1) Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. 2) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes." Previously, a couple in Japan could marry only if their respective head of household (the father, or in the absence of a father, the eldest son) consented to the union. As a result, arranged marriage was the dominant form of marriage. Those couples who could not obtain permission had to elope and stay in common-law marriage. The purpose of Article 24 of the Constitution was to assert freedom of consenting adults to marry, and to explicitly establish the equality of both sexes in marriage. Some legal scholars argue that because the intent behind the article was not in reference to same-sex marriage, it need not apply in legalising same-sex marriage. However, conservative lawmakers as well as legal scholars who take a literal approach to constitutional interpretation argue that such an argument is a stretch. [56]

In February 2015, the National Diet debated whether same-sex marriage should be recognized under the Constitution. [57] Kota Matsuda, a member of the House of Councillors, said, "We need to eliminate lifestyle difficulties for same-sex couples. A prerequisite to achieving this goal is dealing with Article 24 of the Constitution." Prime Minister Shinzō Abe expressed his opinion on the issue: [57] "Extending the institution of marriage to same-sex couples was not anticipated under the current Constitution. It is an issue that concerns the very core of family values and, I believe, one that requires extremely careful consideration." In July 2019, the Japan Federation of Bar Associations submitted a paper in support of same-sex marriage to the Minister of Justice, the Prime Minister, the Speaker of the House of Representatives and the President of the House of Councillors. The paper states that Article 24 does not ban such marriages as "the notion of same-sex marriage was beyond the scope of assumption at the time of [Article 24's] enactment", and that prohibiting it constitutes a breach of human rights, urging the National Diet to legalize same-sex marriage. [58] [59] [60] [61]

Political viewpoints

The Constitutional Democratic Party of Japan (CDP), the Japanese Communist Party (JCP), the Social Democratic Party (SDP) and Reiwa Shinsengumi, [7] as well as the junior coalition partner Komeito, support legalising same-sex marriage. [8] [62] Nippon Ishin no Kai also supports same-sex marriage, but believes a constitutional amendment is necessary to legalize it. [8] Individual lawmakers from the Liberal Democratic Party (LDP), including Taro Kono, [63] [64] Ken Saitō and Shigeru Ishiba, [65] have also expressed their personal support for same-sex marriage, as have members of the Democratic Party For the People, including party leader Yuichiro Tamaki. [9] The LDP, which has been in power almost continuously since 1958, is opposed to same-sex marriage. [66] In September 2024, while running for prime minister, Ishiba said "he would consider the possibility of developing a law on same-sex marriage". [65] In October, he said that "as far as the government is concerned, it is necessary to closely monitor public opinion, parliamentary debates and lawsuits related to same-sex marriage." [67]

In January 2023, Prime Minister Fumio Kishida made the following statement about same-sex marriage during a parliamentary session: "We need to be extremely careful in considering the matter as it could affect the structure of family life in Japan". [68] Kishida said in March 2023 that he did not think banning same-sex couples from marrying was "unjust discrimination". [69]

58% of political candidates running in the 2024 election expressed support for same-sex marriage, while 21% were opposed. [70] The governing LDP lost its parliamentary majority for the first time since 2009, and a slight majority of the newly elected Parliament is reported as being in favour of same-sex marriage (51% support, 25% undecided and 24% opposed). All Reiwa Shinsengumi, Communist and Social Democratic MPs support same-sex marriage, as well as a majority within the Constitutional Democratic Party (131 MPs in support and 16 undecided), the Democratic Party For the People (16 MPs in support, 10 undecided and 1 opposed), Komeito (22 MPs in support and 2 undecided), and Nippon Ishin no Kai (24 MPs in support, 5 undecided and 8 opposed). All Sanseitō and Conservative Party MPs oppose same-sex marriage, as well as a plurality within the Liberal Democratic Party (23 MPs in support, 73 undecided and 95 opposed). [71]

Legislative activity

In December 2018, the Constitutional Democratic Party announced it would introduce a bill in 2019 to amend the Civil Code to legalise same-sex marriage. [72] The bill was submitted to the National Diet by the CDP, the Communist Party and the Social Democratic Party on 3 June 2019. It sought to adopt gender-neutral language, with the terms "party of marriage" being used rather than "husband and wife", and "parents" rather than "father and mother". [73] [74] [75] In June 2019, the CDP added the legalisation of same-sex marriage and ending discrimination against the LGBT community to their party platform ahead of the 2019 House of Councillors election. [76] The bill did not advance before the 2021 general election. A new same-sex marriage bill was introduced to Parliament by the CDP in March 2023. [77] The Communist Party introduced its own bill on 27 March 2023. [78]

In September 2020, the Nagaokakyō City Assembly adopted a motion urging the National Diet to discuss the legalization of same-sex marriage. [79] Supporters of same-sex marriage hope the introduction of the partnership oath system in numerous municipalities will encourage parliamentarians to legalise same-sex marriage. The LGBT organisation Marriage for All Japan (Japanese : 結婚の自由をすべての人に, kekkon no jiyū o subete no hito ni) has also organised signature gatherings and meetings with lawmakers from across the political spectrum. [80] The organisation noted in particular that the COVID-19 pandemic had made same-sex couples more "vulnerable" and "anxious", as they could not visit each other in hospitals nor were they entitled to any legal recognition if one of the partners were to die. [81]

Court cases

Matsunaka Gon, the director of Marriage for All Japan, meeting U.S. Ambassador Rahm Emanuel to discuss the campaign to legalize same-sex marriage in Japan, April 2023 Rahm Emanuel and Matsunaka Gon of Marriage for All Japan (FuiriZQaEAE3889).jpg
Matsunaka Gon, the director of Marriage for All Japan, meeting U.S. Ambassador Rahm Emanuel to discuss the campaign to legalize same-sex marriage in Japan, April 2023

Cohabitation rights

On 4 March 2020, the Tokyo High Court ruled that cohabiting same-sex couples should be entitled to the same legal benefits as those granted to cohabiting heterosexual couples. [82] This ruling provided legitimacy to the plaintiff's same-sex relationship, allowing the plaintiff to sue her lesbian partner of seven years for infidelity, a move that was previously restricted to heterosexual partners. [5] The decision was upheld by the Supreme Court of Japan on 18 March 2021.

On 26 March 2024, the Supreme Court ruled that same-sex partners should be entitled to crime victims' benefits as surviving family members. The court overturned the decision of the Nagoya District Court which had denied Yasuhide Uchiyama, a gay man whose partner was murdered in 2014, the victims' benefits in June 2020. [83] Uchiyama applied for victim compensation from the Aichi Prefectural Public Safety Commission in December 2016 after his partner's murder but was rejected because they were both men. He subsequently filed a lawsuit, but his claim was later dismissed by the Nagoya district and high courts. [84] Japanese law on victims' benefits stipulates that those eligible for payments include cohabiting couples, but does not specify whether the couple has to be of the opposite or same sex. The Supreme Court held that the law was "meant to cushion the mental and financial blow for the bereaved family", and that "whether the victim's live-in partner is the opposite or same sex does not make an immediate difference in facilitating that reduction". It remanded the case to the Nagoya High Court to consider whether Uchiyama and his late partner were in a relationship equivalent to a common-law marriage. [85]

On 14 March 2024, the Nagoya Family Court allowed a man to adopt the same family name as his same-sex partner, ruling that the two men "are in a relationship similar to marriage". [86]

"Freedom to Marry for All" lawsuits

In November 2018, several same-sex couples throughout the country announced their intention to challenge the statutory same-sex marriage ban. [87] In January 2019, about a dozen same-sex couples applied for marriage licenses at different city offices in Japan. [88] Lawsuits, commonly known in the Japanese media as the "Freedom to Marry for All" lawsuits (結婚の自由をすべての人に訴訟, kekkon no jiyū o subete no hito ni soshō), contesting the same-sex marriage ban were filed by 13 couples on Valentine's Day, 14 February 2019, in district courts in Osaka, Nagoya and Sapporo, with two lawsuits also filed in Tokyo. [89] Another three couples filed suit in Fukuoka a few months later. [90] In February 2024, a same-sex couple in Sendai announced plans to file a seventh lawsuit challenging the ban. [91]

District court rulings

On 17 March 2021, the district court in Sapporo issued a judgment finding that the law banning same-sex marriage violated the constitutional rights of same-sex couples, specifically Article 14 of the Constitution of Japan, which bans discrimination on the basis of "race, creed, sex, social status or family origin". [90] [92] However, the court rejected the request of the six plaintiffs (two male couples and one female couple) for ¥1,000,000 (equivalent to about $9,000 or £6,480) per person for the denial. The court rejected the government's argument that Article 24 of the Constitution (which defines marriage as based on the "mutual consent of both sexes") limits marriage to opposite-sex couples; plaintiffs argued that this article actually only bars forced marriage. [90] [92] The Chief Cabinet Secretary, Katsunobu Katō, said at a press conference later that day that the Ministry of Justice would analyse the court ruling. [93]

Similar arguments were raised in one of the Tokyo District Court cases, where hearings and oral arguments took place on several dates in 2019 and 2020. One of the plaintiff couples, Chizuka Oe and Yoko Ogawa, who had been together since 1994, argued that banning same-sex marriage violates articles 13 and 14 of the Constitution. [89] [94] Lawyers representing the couples believed the ruling from the Sapporo District Court was likely to have a positive impact on the outcome of the other cases. However, in June 2022, the Osaka District Court upheld the same-sex marriage ban as constitutional. [95] In November 2022, the Tokyo District Court ruled that the ban was in a "state of unconstitutionality" under Article 24 and that the government should establish a legal system recognizing same-sex unions, but did not explicitly declare the ban unconstitutional. [96] The plaintiff couples in the Tokyo case appealed the decision in December 2022. [97] On 30 May 2023, the Nagoya District Court declared the same-sex marriage ban unconstitutional under both articles 14 and 24, but rejected the plaintiffs' request for ¥1,000,000 in compensation. [98] [99] On 8 June 2023, the Fukuoka District Court ruled that the ban was in a "state of unconstitutionality" under Article 24, but "stopped short of fully declaring [it] unconstitutional" and rejected the plaintiffs' request for ¥1 million in damages. [12] The Tokyo District Court ruled similarly in its second case and ruled in favor of the plaintiffs on 14 March 2024. [100] [101]

Overview of the district court decisions
CourtHearingJudgementArticle 14Article 24
Sapporo District Court [102] 14 February 201917 March 2021UnconstitutionalConstitutional
Osaka District Court [103] 14 February 201920 June 2022ConstitutionalConstitutional
Tokyo District Court [104] 14 February 201930 November 2022ConstitutionalUnconstitutional state
Nagoya District Court [105] 14 February 201930 May 2023UnconstitutionalUnconstitutional
Fukuoka District Court [106] 5 September 20198 June 2023ConstitutionalUnconstitutional state
Tokyo District Court [107] 26 March 202114 March 2024ConstitutionalUnconstitutional state
Appellate court rulings

On 14 March 2024, the Sapporo High Court ruled on appeal that laws disavowing same-sex marriage were unconstitutional under both articles 14 and 24 of the Constitution. The court ruled that banning same-sex couples from marrying violates the fundamental right to a family, and called for urgent government action to address the lack of legal recognition of same-sex unions. [108] [100] [109] [110] Unlike the Sapporo District Court, the High Court ruled that the ban also violated Article 24, as it "guarantees same-sex marriages to the same extent as heterosexual marriages", and that "there is no indication that social disadvantages or adverse effects will occur" if same-sex marriage is recognized. [111] The Tokyo High Court issued a similar ruling on 30 October 2024, holding that the ban was unconstitutional under both articles 14 and 24 of the Constitution. [112] [113]

Overview of the high court decisions
CourtHearingJudgementArticle 14Article 24
Sapporo High Court [114] 31 March 202114 March 2024UnconstitutionalUnconstitutional
Tokyo High Court13 December 202230 October 2024UnconstitutionalUnconstitutional
Fukuoka High Court19 June 202313 December 2024TBDTBD

Koseki registry

In Japan, each citizen is registered through the koseki system whereby an individual is registered as a part of a household (while in the Western world, a birth certificate can act as a proof of identity). Koseki registration performs a somewhat similar role to marriage in the West as it endows a member of the same koseki legal power (as next of kin) in dealing with civil matters such as inheritance, hospital visits or the right to organise a funeral. Therefore, registering each other as a part of the koseki works as a substitute for Western-style marriage. As a consequence, Japanese same-sex couples, in the absence of same-sex marriage or civil partnership laws, often use adoption procedures to register themselves as belonging to the same household; where the older partner legally adopts the younger partner, which in absence of a spouse makes the only adopted child the sole executor of that household.

Public opinion

Support for same-sex marriage among 18-21-year-olds according to a 2016 survey from the Varkey Foundation Youths' Views on Same-sex Marriage (2016).png
Support for same-sex marriage among 18–21-year-olds according to a 2016 survey from the Varkey Foundation

A May 2013 Ipsos poll found that out of over a thousand Japanese adult interviewees 24% were in favor of same-sex marriage and another 27% supported other forms of recognition for same-sex couples. [115] An April 2014 Ipsos poll found that 26% of respondents were in favor of same-sex marriage and 24% were in favor of some other form of recognition, such as civil unions. [116] A May 2015 Ipsos poll found that 30% of respondents were in favour of same-sex marriage and a further 28% were in favour of some other form of recognition (meaning that 58% supported recognising same-sex couples in some form). [117]

According to a survey by Nihon Yoron Chōsa-kai conducted on 1 and 2 March 2014, 42.3% of Japanese people supported same-sex marriage, while 52.4% opposed it. [118] Another poll conducted by Fuji News Network in April 2015 showed that 59% of respondents supported the same-sex partnership certificate system proposed in Shibuya and 53% supported same-sex marriage, the first time a poll had found majority support for same-sex marriage in Japan. [119] [120] An additional poll conducted by the National Institute of Population and Social Security Research in November 2015 showed a 51% majority in support of same-sex marriage, unions or partnerships, [4] while 41% were opposed. People under the age of 20 were overwhelmingly in favor of same-sex marriage (72% support), whereas people aged 70 and over overwhelmingly opposed (24% support). [121] However, a September–October 2016 survey by the Varkey Foundation found that 53% of 18–21-year-olds supported same-sex marriage in Japan. [122] A 2017 opinion poll released by the NHK showed that 51% of Japanese people supported same-sex marriage. [123]

According to an opinion poll carried out by Dentsu in October 2018, 78.4% of Japanese people in their 20s to 50s were in favour of same-sex marriage. [124] Support was higher among women (87.9%) than men (69.2%), and was higher among younger respondents: 87.3% for people in their 20s, 81.2% for people in their 30s, 77.5% for people in their 40s, and 72.5% for people in their 50s. [125] The National Survey of Household Trends, a government survey carried out in 2018 and commissioned by the National Institute of Population and Social Security Research, showed that 71.9% of Japanese married women supported same-sex marriage. Levels of support were different between the different age groups: 92.1% for married women under the age of 30, 89.5% for those between the ages of 30 and 39, 83.2% for those between the ages of 40 and 49, 73.5% for those between 50 and 59, 59.3% for those between 60 and 69, and 42.2% for those aged 70 and higher. [126] [127]

A 2019 opinion survey conducted by the Hiroshima Shudo University and published in November 2020 showed that 64.8% of Japanese people supported same-sex marriage, while 30.0% were opposed. Attitudes varied greatly with age, with 81% of 20–30-year-olds supporting, followed by 74% of people in their 40s and 50s, and 47% of people in their 60s and 70s. [128]

A joint survey by the University of Tokyo and The Asahi Shimbun , conducted between March and April 2020, showed that 46% of Japanese people favored same-sex marriage, 31% were neutral and 23% were opposed. Among supporters of the Liberal Democratic Party (LDP), support stood at 41% and opposition at 29%. This contrasted significantly with the opinions of LDP lawmakers, as a 2019 survey conducted shortly before the House of Councillors election showed that only 9% of LDP candidates supported same-sex marriage. Professor Masaki Taniguchi, who headed the survey, said it was rare to witness public opinion on a certain issue change so rapidly, noting that support had increased 14% from 2017. [129] A March 2021 poll from The Asahi Shimbun found that 65% of Japanese people supported same-sex marriage, with support rising to 86% among 18–29-year-olds. [5] A February 2023 Kyodo News poll showed that 64% of Japanese people supported same-sex marriage, while 25% were opposed. [130] A poll conducted the same month by The Asahi Shimbun found that 72% of Japanese people supported same-sex marriage and 18% were opposed. [131]

A March–April 2023 Kyodo News survey showed that 71% of Japanese people supported same-sex marriage, while 26% were opposed. Support was highest among respondents below the age of 30, at 85%. 62% of LDP voters also supported same-sex marriage. [132] A Pew Research Center poll conducted between June and September 2023 showed that 68% of Japanese people supported same-sex marriage, 26% were opposed and 8% did not know or had refused to answer. When divided by age, support was highest among 18–34-year-olds at 84% and lowest among those aged 35 and above at 64%. Women (73%) were also more likely to support same-sex marriage than men (61%). [133] Support was highest among the religiously unaffiliated at 73%, and lowest among Buddhists at 66%. [134]

See also

Notes

  1. Okinawan: どーしーぬにーびち, [46] dooshii nu niibichi, pronounced [doːɕiːnuniːbitɕi]

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<span class="mw-page-title-main">Homosexuality in Japan</span>

Records of men who have sex with men in Japan date back to ancient times. Western scholars have identified these as evidence of homosexuality in Japan. Though these relations had existed in Japan for millennia, they became most apparent to scholars during the Tokugawa period. Historical practices identified by scholars as homosexual include shudō (衆道), wakashudō (若衆道) and nanshoku (男色).

Kazuhide Uekusa is a Japanese economist, economic analyst, former senior economist at Nomura Research Institute, and chairman of the Three-Nations Research Institute. He was arrested for sexual offenses in 2004 and 2006.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but polling suggests that support for same-sex marriage is rising in China.

<span class="mw-page-title-main">LGBTQ rights in Japan</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. 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. 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. 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. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, 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, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.

Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Taiwanese Constitution. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. In November 2018, the Taiwanese electorate passed referendums to prevent recognition of same-sex marriages in the Civil Code. The government responded by confirming that it would not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.

<span class="mw-page-title-main">LGBTQ rights in Taiwan</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.

<span class="mw-page-title-main">Natsuo Yamaguchi</span> Japanese politician

Natsuo Yamaguchi is a Japanese politician who served as president of the Komeito from 2009 to 2024. He is a member of the House of Councillors since 2001 and previously served in the House of Representatives from 1990 to 1996.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2008.

Rie Isogai was a 31-year-old Japanese office clerk who was robbed and murdered in Aichi Prefecture on the night of 24 August 2007 by three men who became acquainted through an underground message board. Because the three men met on an underground website, the case is frequently called the Dark Site Murder in Japan, "dark site" being the Japanese term for underground websites. Despite Japan's death penalty not normally being used in cases involving a single murder, Isogai's mother launched a petition to have the three killers face the death penalty; one was sentenced to death on 18 March 2009, while the other two were sentenced to life in prison on 13 April 2011.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage. North Carolina was the 28th U.S. state to legalize same-sex marriage.

<span class="mw-page-title-main">Kurds in Japan</span> Ethnic diaspora group

Kurds in Japan refers to Kurds residing in Japan. Kurds do not have a majority nation state and live in Kurdistan, a region that includes Turkey, Syria, Iran and Iraq in the Middle East and South Caucasus.

<span class="mw-page-title-main">Naoki Hyakuta</span> Japanese novelist and television producer

Naoki Hyakuta is a Japanese former novelist, television producer and politician who is the co-founder and leader of the Conservative Party of Japan. He is known for his right-wing political views and denying Japanese war crimes prior to and during World War II. He is particularly known for his 2006 novel The Eternal Zero, which became a popular 2013 film, his controversial period as a governor of government broadcaster NHK, as well as his support of Nanjing Massacre denial.

Koyuki Higashi is a Japanese LGBT activist, stage actress and writer. From 2005 to 2006, she was an otokoyaku member of the Takarazuka Revue Hana-gumi under the name Aura Maki (あうら真輝). From the fall of 2010, she became involved in LGBT issues.

Susumu Nakayama was a Japanese serial killer who killed his girlfriend's estranged husband and the latter's girlfriend in 1998, after being paroled from prison for a previous murder conviction in 1969. For the latter crimes, Nakayama was sentenced to death, but died in prison before the sentence could be carried out.

<span class="mw-page-title-main">LGBT rights in Tokyo</span>

Tokyo is one of Japan's leading jurisdictions when it comes to civil rights for lesbian, gay, bisexual, and transgender (LGBTQ) people. Jurisdictions in Tokyo were among the first to establish partnership registries for same-sex couples, and Tokyo became the tenth prefecture-level government to establish a registry in November 2022. Previously in 2018, Tokyo became the first prefecture-level government to enact an LGBT-inclusive human rights law protecting against discrimination and hate speech.

Ibaraki Prefecture was the first prefecture of Japan and in the Kantō region to introduce a partnership registry for same-sex couples, as well as the second in the country to pass LGBT-inclusive nondiscrimination protections.

<span class="mw-page-title-main">Partnership oath in Japan</span> Provides limited benefits to some same-sex couples

As of 27 June 2024, 421 municipalities and 30 prefectures in Japan have established a "partnership oath system", also known as "partnership certification system", which provides same-sex couples with some limited benefits.

Akita Prefecture was the seventh prefecture to create a registry for same-sex partnerships and the third prefecture to prohibit employment discrimination on the basis of sexual orientation and gender identity.

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