1. What’s the legal situation for gay people in Japan?
Unlike some countries, Japan has never had a ban on homosexuality, so there’s no danger of facing criminal charges. But the lack of laws prohibiting discrimination or recognizing same-sex marriage puts LGBTQ people at a disadvantage in terms of employment as well as inheritance, medical care and immigration. The Tokyo city government last year joined dozens of other municipalities in allowing same-sex couples to register for a “certificate of acceptance.” Couples can use it in applying for public housing or gain next-of-kin status in hospitals, but the unions have no legal standing. Still, more than 500 couples had registered in Tokyo as of Jan. 31.
2. How hard is it to be out?
While there are no legal implications, coming out remains taboo for many in Japan for fear of being ostracized. A survey of young LGBTQ people published last year found high levels of mental anguish, including suicidal thoughts. More than 90% said they couldn’t talk about their sexuality with their guardians. Very few people in national politics or the corporate world are openly gay, although homosexual themes and LGBTQ celebrities are a staple of television and other forms of entertainment.
3. What’s in the proposed bill?
The original plan was for a bill to “promote understanding” of the LGBT community. Conservatives in the ruling Liberal Democratic Party pushed back, especially after a specific anti-discrimination clause was added, and the bill was shelved. The LDP revived it in February after one of Kishida’s aides set off a public furor by making discriminatory comments about same-sex couples. The aide was fired, but opposition to the anti-discrimination clause remains. Proponents of the bill say Japan faces international embarrassment if the bill fails to pass before the G-7 summit, after the country signed on to last year’s communique, which included a pledge to protect LGBTQ rights. Rights groups say it needs strong wording explicitly prohibiting discrimination.
4. What is the government’s position?
Kishida has condemned discriminatory remarks, while saying the idea of same-sex marriage should be considered with “extreme caution.” He has also said that the US-drafted, postwar constitution doesn’t envisage it. He hasn’t spoken publicly about the anti-discrimination clause in the bill, but in the wake of his aide’s firing he for the first time charged one of his advisers with handling LGBTQ issues.
5. Where does public opinion stand?
A slew of surveys have shown a majority agrees that Japan should not only pass the bill but also recognize same-sex marriage. That applies across all age-groups — except those aged 70 and over, where a majority tends to be against the idea. Older people are more inclined to vote and the LDP relies heavily on them to retain its grip on power. (The LDP has controlled the government almost continuously since 1955.) Homosexual relationships were long condoned among the samurai class and Buddhist monks before Japan’s mid-19th century modernization and adoption of “Western” values.
6. Where’s the pressure coming from?
Activist groups are trying the courts, helping same-sex couples file lawsuits claiming damages for being denied the right to wed. A court in November upheld the marriage ban as constitutional but said the lack of a legal framework allowing same-sex partners to become a family threatened their rights. The Komeito party, the LDP’s junior partner in the ruling coalition, has pushed Kishida to meet with LGBTQ groups. Opposition parties have also grilled cabinet ministers in parliament over the issue. Japan’s main ally has stepped into the fray, with US Ambassador Rahm Emanuel posting on Twitter that he was “confident” the Japanese parliament would reflect the will of the public and oppose discrimination. Private sector employers are increasingly offering domestic partner benefits to employees in same-sex relationships.
7. Where does Japan stand in Asia?
Only Taiwan recognizes same-sex marriage as of now, though Thailand allows same-sex civil unions with some of the rights of marriage. Singapore only repealed a ban on sex between men in 2022. Neighboring South Korea is more resistant to change than Japan, with 34% of the public supporting freedom of marriage and 52% opposing it in a July poll. In a sign of possible movement, however, a gay couple there won a lawsuit granting them spousal coverage under the national health insurance program in February.
(Source – “Washington Post” / “Bloomberg“)
