The Voice of the People
Japan, like many countries across the world, is a representative democracy. That is to say that people are chosen to represent their constituents in a legislative chamber (in Japan’s case, this is the Diet), rather than either laws being created by diktat, or by having direct democracy, i.e. holding a referendum for each and every decision, which would be time consuming and expensive. While there are inevitable inefficiencies and contradictions, this system works well enough that most people accept it as reasonable.
However, there are moments when this can be a huge disadvantage, and one of these is when the mood of the parliament does not match the mood of the people, and it is apparent that Japan is facing such a split in the sensibilities of the state and the populace when it comes to the subject of marriage equality. While there is no prospect of a referendum on the matter, it is still vital that people make their voices heard to put pressure on the government to recognise fundamental human rights for LGBTQ+ people: and you can help.
Japan’s Road to Marriage Equality
The fight for same-gender marriage rights in Japan has been an uphill struggle until recently. One of the major sticking points is that under the Japanese constitution, Article 24 reads, in part: “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.”
Though this seems somewhat clear, many argue (convincingly) that this wording was made not to exclude LGBTQ+ from marriage rights (as it’s fair to say few people were considering same-gender marriage in 1946) to avoid the possibility of women being forced into marriages, or for abusive marriages to be continued without recourse for divorce.
Additionally, while homophobia in Japan has often taken different characteristics than it has in the west, the relative lack of state oppression or outright violence (not to say that these do not and have not existed) does not mean that LGBTQ+ people have enjoyed broad support in Japan for generations. Indeed, as recently as 2013, support for same-gender marriage among Japanese people was polling at a mere 24%.
However, the years since have been kinder and kinder to those who support equality for all. In 2019, lawsuits were launched across Japan challenging the constitutionality of a ban on same-gender marriage, all of which have culminated in an upcoming full-bench hearing at the Japanese Supreme Court, expected to be heard (and possibly even ruled on) by April 2027. Plus, in the years since, the public has come around to supporting marriage equality, with a 2023 showing that 72% of people support it.
But with the ruling Liberal Democratic Party — headed by Prime Minister Sanae Takaichi — opposed to the measure, it is still important to show support, and let the courts know where the people stand.
How You Can Help
To this end, Marriage for All Japan (MfAJ) has started a Change.org petition that you can find here. Residents of Japan (you will need a Japanese address to add your name to the petition) have until 7 June (the end of Tokyo Pride) to sign up and show support. Some of the messages will also be printed out and hand delivered to the Supreme Court as part of MfAJ’s lobbying efforts.
And for those who want to go that extra mile, MfAJ is also accepting donations, from anywhere and anyone in the world, here.
Getting this far has been difficult, and there’s still plenty of hill to climb, but even adding your name can help the cause climb one more step.
