Japan is advancing a nationwide program to promote public understanding of LGBTQIA+ issues, while simultaneously being the focus of a legal ruling that upheld the country's ban on same-sex marriage. These two developments highlight the current state of legal and social approaches to sexual and gender diversity in Japan.
Japan is currently the only G7 nation that does not provide full legal recognition or clear legal protections for same-sex couples.
Policy Developments: LGBTQIA+ Education Program
The Japanese government is in the process of finalizing a nationwide education initiative on LGBTQIA+ issues, as reported by Japanese media. The plan is designed to be implemented in schools, workplaces, universities, and homes.
Program Details:
- The initiative follows the 2023 Act on the Promotion of Public Understanding of the Diversity of Sexual Orientation and Gender Identity.
- The draft program states that LGBTQIA+ individuals may face confusion, anxiety, and difficulties due to insufficient public understanding.
- In schools, the plan includes providing information about sexually and gender-diverse people and ensuring access to social workers and counselors.
- Universities are expected to revise curricula for healthcare and teaching professionals.
- Public awareness materials, including videos and leaflets, will be used in conjunction with consultation schemes.
- The program will be subject to annual reports and three-year reviews.
Approval and Status:
The plan was approved by the ruling Liberal Democratic Party (LDP) earlier this month. The final version of the plan has not yet been released but is expected to be signed by Prime Minister Takaichi Sanae's cabinet.
Judicial Ruling: Same-Sex Marriage Ban
On Friday, the Tokyo High Court ruled that Japan’s ban on same-sex marriage is constitutional. Presiding Judge Ayumi Higashi stated that legislation regarding same-sex marriage should undergo parliamentary deliberation.
Legal Context:
This ruling is one of six high court decisions on same-sex marriage lawsuits filed across Japan between 2019 and 2021. Five of the previous rulings had found the ban unconstitutional, though they rejected compensation claims from plaintiffs. The Tokyo High Court ruling diverges from that trend. All cases are scheduled to proceed to the Supreme Court, which is expected to issue a final ruling.
International Comparison:
Japan is currently the only G7 nation that does not provide full legal recognition or clear legal protections for same-sex couples. Within Asia, Taiwan, Thailand, and Nepal permit same-sex marriages.
Background on LGBTQIA+ Legal Rights
Japan has no national law that outlaws discrimination based on sexual orientation. It does not recognize same-sex marriages performed abroad. Some local governments and labor laws offer limited protections. In November 2024, the Tokyo High Court upheld the same-sex marriage ban but also noted it may become unconstitutional.
Reactions
Reactions to the education program and the court ruling have been varied.
Alisha Khojanazar, a molecular neuroscience research technician at Okinawa Institute of Science and Technology who identifies as a transgender woman, called the education plan a "great initial step" but expressed hope for broader legal protections.
Yui Oizumi, a student at Sophia University identifying as queer, described the plan as a "baby step" that may have a limited impact on changing everyday perceptions.
Dr. Kazuyoshi Kawasaka, an LGBTQIA+ rights expert at the University of Tokyo, stated the government avoided anti-discrimination laws to appease conservative factions of the LDP.
Dr. Charles Crabtree, a political scientist at Monash University, stated that the effect of education depends on its content and that public opposition to same-sex marriage may not be as strong as perceived.
Plaintiffs in the same-sex marriage lawsuit expressed disappointment with the court ruling. Shino Kawachi described the ruling as "difficult to comprehend." Her partner, Hiromi Hatogai, stated their intention to "keep fighting" the decision.
Amnesty International characterized the court ruling as "a damaging step backwards on same-sex marriage," with East Asia researcher Boram Jang urging the Japanese government to work towards legalizing same-sex marriage.