Recognition of same-sex unions in Japan

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Japan does not recognize same-sex marriages or civil unions.[1] Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition.[2][3] Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships,[4][5] particularly the younger generation.[6] Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi,[7] and Komeito support legalizing same-sex marriage.[8] Nippon Ishin no Kai also supports same-sex marriage, but believes a constitutional amendment is necessary to legalize it.[8] However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it.[9]

On 17 March 2021, a district court in Sapporo ruled the same-sex marriage ban unconstitutional, arguing that laws or regulations that deprive same-sex couples of the legal benefits of marriage constitute "discriminatory treatment without a rational basis" and as such violate Article 14 of the Constitution of Japan. The court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not prohibit the recognition of same-sex marriages.[10] Over the following two years, five other district courts issued rulings either upholding the ban or declaring it unconstitutional.[11][12] In March 2024, the Sapporo High Court issued a verdict stating that the same-sex marriage ban violated the Constitution, the first time an appellate court had reached such a conclusion.[13][14][15] The Tokyo High Court ruled similarly in October 2024.[16] While these rulings did not legalize same-sex marriage in Japan, it is anticipated that they may pressure the National Diet to act on legislation opening marriage to same-sex couples. Bills were introduced to the Diet in 2019 and 2023.[17]

  1. ^ Justin McCurry (30 October 2020). "Japan's 'love hotels' accused of anti-gay discrimination". The Guardian.
  2. ^ "Tokyo's Setagaya Ward to begin legally recognizing same-sex partnerships". Rocket News 24. 31 July 2015.
  3. ^ Williams, Joe (26 December 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved 26 December 2015.
  4. ^ Cite error: The named reference Bloomberg was invoked but never defined (see the help page).
  5. ^ "Japanese Court Puts Same-Sex Marriage on the Nation's Agenda". www.cfr.org. 30 March 2021.
  6. ^ Dooley, Ben (27 November 2019). "Japan's Support for Gay Marriage Is Soaring. But Can It Become Law?". The New York Times. ISSN 0362-4331. Retrieved 28 November 2019.
  7. ^ Cite error: The named reference parties1 was invoked but never defined (see the help page).
  8. ^ a b Cite error: The named reference parties was invoked but never defined (see the help page).
  9. ^ "「同性婚は右、左の問題じゃない」同性婚を求める当事者と国会議員。政党や思想を超えて一堂に会した". HuffPost (in Japanese). 20 November 2020.
  10. ^ "In Landmark Ruling, Court Says Japan's Ban On Same-Sex Marriage Is Unconstitutional". National Public Radio. 17 March 2021.
  11. ^ Magramo, Kathleen; Engels, Jorge; Ogura, Junko (21 June 2022). "Japanese court upholds ban on same-sex marriage". CNN. Retrieved 21 June 2022.
  12. ^ Cite error: The named reference Reuters20230608 was invoked but never defined (see the help page).
  13. ^ "Tokyo court: Disregard for same-sex marriages a 'state of unconstitutionality'". 14 March 2024. NHK World-Japan. Retrieved 17 March 2024.
  14. ^ Mao, Frances; Shiraishi, Sakiko (14 March 2024). "Japan same-sex marriage ban ruled unconstitutional again by courts". BBC. Retrieved 17 March 2024.
  15. ^ Yamaguchi, Mari (15 March 2024). "A Japanese court says denying same-sex marriage is unconstitutional and calls for urgent change". AP News. Retrieved 17 March 2024.
  16. ^ Yamaguchi, Mari (30 October 2024). "A second high court rules that Japan's ban on same-sex marriage is unconstitutional". Associated Press.
  17. ^ "Landmark Ruling Cracks Door Open for Same-Sex Marriage in Japan". The New York Times. Tokyo. 17 March 2021.