In March , Japan began allowing Japanese nationals to marry same-sex partners in countries where same-sex marriage is legal. The Justice Ministry instructed local authorities to issue key certificates, which state that a person is single and of legal age, to individuals seeking to enter same-sex marriages in areas that legally allow it.
Two more rulings in Japanese district courts have added weight to the push for same-sex marriage to be legalised. This week, courts in Tokyo and Sapporo ruled the nation's current ban was "unconstitutional", in line with previous landmark verdicts. The rulings in separate cases found that the ban breached citizens' rights.
On 14 March , the Tokyo District Court and Sapporo High Court separately made historic decisions on two same-sex marriage cases.
The ruling in Sapporo, the first High Court decision on same-sex marriage in the country, emphatically shows the trend towards acceptance of same-sex marriage in Japan. There need to be concrete, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination. The Tokyo District Court first ruled that the current legal framework, which does not recognize same-sex marriage, cannot be reasonably justified in the light of the dignity of the individual and the fundamental equality of the sexes, and should be considered a violation of Article 24 2 of the Constitution.
There need to be concrete, legal measures in place to protect same-sex couples and the LGBTI community in Japan from all forms of discrimination.” Background On 14 March , the Tokyo District Court and Sapporo High Court separately made historic decisions on two same-sex marriage cases.
It is an injustice that weighs heavily on their lives. It is time to introduce national legislation that brings marriage equality to everyone in Japan, rather than relying on inconsistent and inadequate responses at the local government level. All couples, no matter their gender or sexual orientation, deserve the same legal rights, protections, and the dignity that comes with recognition under the law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, [2][3] although some developments towards stronger rights have been made in the s. [4] Same-sex sexual activity was criminalised only briefly in Japan's history between and , after which a localised version of the Napoleonic Penal Code was.
Legal Gender Recognition Possible? As of , Japan is the only G7 country that has not provided full legal recognition for same-sex marriages or formal protections for same-sex partnerships, leaving same-sex couples to face various social and legal challenges. Currently, around 40 percent of local governments, including Tokyo, have introduced partnership certificates for same-sex couples, granting some rights in housing, hospital visitation, and other areas.