Japan’s Same-Sex Marriage Ban is Unconstitutional 

Japan’s stance on same-sex marriage has been a topic of significant debate and scrutiny over the past few years. At present, Japan is the only G7 country without legal recognition in place for same-sex partners. 

With recent court cases challenging the Japanese ban on same-sex marriage, is the Japanese government’s stance unconstitutional?

Key Points: Constitutional Provisions

Japan’s Constitution, particularly Article 24, states that “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through cooperation with the equal rights of husband and wife as a basis.” This wording has traditionally been interpreted to mean that marriage is between a man and a woman. 

However, Article 14 of the constitution guarantees equality under the law, and this has been the basis for arguments that the ban on same-sex marriage is discriminatory and therefore unconstitutional.

The other 6 members of the G7, or Group of Seven, an organisation consisting of seven of the world’s largest advanced economies, have legal recognition in place for gay and lesbian relationships. While Japan may not be the worst country when it comes to LGBTQ+ rights, it is the last country in G7 to adopt same-sex marriage laws in some form.

Court Rulings Over Same-Sex Marriage in Japan

In March 2021, the court ruled that Japan’s failure to recognise same-sex marriages was unconstitutional because it violated the right to equality under Article 14 of the Constitution. This ruling was significant but did not have the power to change the law nationwide. It was the first court in Japan to make such a ruling, and it has added momentum to the movement for marriage equality.

Since the Sapporo ruling, other courts in Japan have heard similar cases, but they have issued differing opinions. For instance, the Osaka District Court ruled in June 2022 that the ban on same-sex marriage was not unconstitutional, highlighting the differing legal interpretations in Japan.

Despite the ruling from the Sapporo District Court, Japan’s same-sex marriage ban remains in place. The issue is still being litigated, and the Japanese Supreme Court has not yet issued a definitive ruling on the matter. 

According to the context of the recent rulings, same-sex marriages may not be on the cards for a while. That won’t stop gay and straight men from living out their dreams and fantasies, though, as many locals across Japan turn to the erotic services and intimate companionship of sex workers and model partner experiences. While such services may operate under a legal grey area, there is a boom in the popularity of online dating and encounters, largely in part to the availability of advanced directories and dating sites.

Japanese Views on LGBTQI+

When it comes to the opinions of the people, Japanese residents have slowly adopted more liberal views towards the LGBT community.

Traditionally, Japan has been seen as a conservative society, especially when it comes to sex, gender, and sexuality. Younger generations in Japan tend to be more accepting of same-sex relationships and supportive of marriage equality.

Public acceptance of same-sex relationships has grown steadily. Most recently, Netflix Japan launched a brand new reality show based on gay singles looking for love – Something that would never have been aired a few years ago.

In Japanese culture, there is often an emphasis on maintaining harmony and avoiding conflict, which sometimes leads to a more subdued expression of views on controversial topics like same-sex marriage. However, this does not necessarily mean a lack of support; rather, it may be indicative of a more reserved public discourse.

Members of the LGBT+ Community in Japan

Several notable gay Japanese men have made significant contributions in various fields. Ryuichi Sakamoto, an acclaimed composer and musician, is open about his sexuality and advocates for LGBTQ+ rights. Fumino Sugiyama, a former fencer and transgender activist, co-chairs Tokyo Rainbow Pride. 

Kenji Nakagami, a novelist, explored marginalised communities in his works, though his sexual orientation was not publicly acknowledged. Hiroshi Hasegawa, a politician, came out as gay in 2020, promoting LGBTQ+ visibility in politics. Shinji Saito, a fashion designer, advocates for diversity and inclusion in the fashion industry and the broader LGBTQ+ community in Japan.

There is certainly hope that over the coming years, gay and lesbian relationships will not only be widely accepted but celebrated across the nation – and legal recognition of their relationships won’t be far behind.