Is Gay Marriage Legal in Japan?
Unfortunately, gay marriage in Japan is still not legal. Although various cities and wards have made an effort to recognize it within their borders, there’s no country-wide law ensuring the right to same-sex marriage in Japan. However, this isn’t because people in Japan don’t want it legalized. When polled, 51% of Japanese people said that they supported same-sex marriage, and the figure rose to over 70% of people in their 20’s and 30’s.
In this article, I’ll go over some of the reasons why same-sex marriage laws in Japan seem to fall behind other G7 nations, instances where Japan’s lack of marriage equality was challenged, and a few organizations that are working to legalize same-sex marriage in Japan.
Why Is Gay Marriage in Japan Not Legal Yet?
The simple answer is that Japan’s parliament is dominated by a conservative political party, the Liberal Democratic Party, and has been for decades. Although there are numerous more forward-thinking parties present in the Japanese parliament, their numbers just don’t match that of the LDP. Since the party with a majority in parliament mostly dictates the laws made (or not made) in Japan, same-sex marriage has not yet been legalized in the country.
The LDP has an interest in keeping things the way that they’ve always been, which can be good and bad. On one hand, this mindset preserves cultural traditions, and on the other, it prevents needed progress from being made.
Instances That Challenged Japan’s Law on Gay Marriage
2021 Sapporo District Court Ruling
On March 17th, 2021, a district court in the city of Sapporo, Hokkaido ruled that Japan’s non-recognition of same-sex marriage was unconstitutional, since it constitutes “discriminatory treatment without a rational basis” which violates Article 14 of the Japanese constitution.
Although this Sapporo court ruled Japan’s non-recognition to be unconstitutional, this ruling unfortunately didn’t make same-sex marriage legal in the city of Sapporo, let alone in Japan as a whole.
2024 Sapporo High Court Ruling
The city of Sapporo made another significant effort to legalize same-sex marriage when its high court ruled that Japan’s same-sex marriage ban violated the country’s constitution. Although this seems pretty similar to the 2021 ruling, the significance here is that the Sapporo High Court is a more powerful body than a Sapporo district court, and it’s the first appellate court to reach this verdict. (An appellate court is a court that hears a case once it has been appealed from a lower court.)
2024 Tokyo High Court Ruling
In October of 2024, the Tokyo High Court reached a similar ruling as the Sapporo High Court, adding to the pressure for the Japanese parliament to introduce and vote on a bill legalizing same-sex marriage.
Bills of this nature were introduced to the National Diet (Japan’s parliament) in 2019 and in 2023, but, unfortunately, neither of them passed with a majority vote.
Political Supporters of Same-Sex Marriage
Japanese Political Parties
Although they aren’t only one organization, various political parties in the Japanese parliament recognize and advocate for same-sex marriage legalization. These parties include the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, Komeito, and Nippon Ishin no Kai. Although these parties make up a sizeable number of seats in the Japanese parliament, they unfortunately don’t create enough of a majority to pass same-sex marriage legislation.
Lawyers for LGBT & Allies Network
Lawyers for LGBT & Allies Network is a team of lawyers in Japan who operate in English and Japanese, with the goal of educating people on laws in Japan relating to LGBTQ+ people, and with the long term goal of creating an equitable society for queer people and allies in Japan, including the legalization of same-sex marriage.
Marriage for All Japan
Marriage for All Japan is an organization that has various initiatives working toward marriage equality in Japan. Some of these efforts include educational seminars, original research, and political lobbying. In their own words, the organization “supports lawsuits, legislating, and other legal activities to ensure the freedom of marriage for all”.
LGBTQ+ Rights in Japan
LGBTQ+ rights in Japan are slow to progress. But, this doesn’t mean that there aren’t many people pushing for them. Check out this article to learn more about the legal state of LGBTQ+ rights in Japan and how they can be improved.
Conclusion
When it comes to same sex marriage, Japan has a long way to go. Achieving legalization will take lots of effort from advocacy groups, government organizations, and everyday people. I hope this article helped educate you about the legal initiatives for, as well as the obstacles to achieving marriage equality in Japan. From here, you can figure out which part to play in the fight for legalization.