Japan’s position on same-sex marriage has been the subject of widespread debate and scrutiny in recent years. Currently, Japan is the G7 country with no legal popularity for same-sex couples.
With the courts challenging Japan’s ban on same-sex marriage, is the Japanese government’s position unconstitutional?
The Japanese Constitution, in its specific Article 24, states that “marriage shall be performed only by mutual consent of both sexes and shall be maintained through cooperation on the basis of the equivalent rights of husband and wife. “Historically, this formula has been interpreted to mean that marriage is a marriage between a man and a woman.
However, article 14 of the Constitution promised equality before the law, which had served as the basis for arguments that the prohibition of same-sex marriage was discriminatory and unconstitutional.
The other six members of the G7, or Group of Seven, an organization made up of seven of the world’s largest complex economies, have put the popularity of gay and lesbian relationships on legal footing. While Japan arguably wouldn’t be the worst country when it comes to LGBTQ rights, it is the most recent G7 country to pass some sort of same-sex marriage law.
In March 2021, the court governed that Japan’s refusal to recognize same-sex marriages unconstitutional because it violated the right to equality guaranteed through Article 14 of the Constitution. This resolution vital yet did not have the force to replace the law nationally. It the first Japanese court to factor such a ruling, which gave new impetus to the marriage equality movement.
Since the Sapporo ruling, other Japanese courts have heard similar cases, but have issued different opinions. For example, the Osaka District Court ruled in June 2022 that the ban on same-sex marriage was not unconstitutional, pointing to other legal interpretations in Japan.
Despite the ruling by the Sapporo District Court, the ban on same-sex marriage remains in force in Japan. The factor is still under discussion and the Japanese Supreme Court has not yet issued a final ruling on the matter.
Depending on the context of recent decisions, same-sex marriages may not be considered for some time. This would not possibly stop homosexuals and direct men from living out their dreams and fantasies, as many other people in Japan turn to erotic sex and the intimate companionship of sexual personnel and component-style experiences. While they may operate in a legal gray area, there is a boom in the popularity of online dating and hookups, thanks in large part to the availability of complex dating sites and directories.
When it comes to public opinion, Japanese citizens have slowly followed more liberal perspectives towards the LGBT community.
Traditionally, Japan is thought of 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 marriage equality.
Public acceptance of same-sex relationships has continued to grow. More recently, Netflix Japan introduced a new logo based on gay singles for love, something that would never have aired a few years ago.
In Japanese culture, the emphasis is on maintaining concord and avoiding conflict, which rarely leads to a more moderate expression of criticism on debatable issues such as same-sex marriage. However, this does not necessarily mean a lack of support; rather, it would possibly be a sign of a more reserved public discourse.
Several notable Japanese gay men have made significant contributions to this field. Ryuichi Sakamoto, an acclaimed composer and musician, speaks unabashedly about his sexuality and advocates for LGBTQ rights. Fumino Sugiyama, former fencer and transgender activist, co-chairs Tokyo Rainbow Pride.
Kenji Nakagami, a novelist, has explored marginalized communities in his works, although his sexual orientation has not been publicly acknowledged. Hiroshi Hasegawa, a politician, came out as gay in 2020, promoting LGBTQ visibility in politics. Shinji Saito, a Fashion designer, advocate for diversity and inclusion in the fashion industry and in the LGBTQ network in Japan.
There is hope that in the coming years gay and lesbian relationships will not only be widely accepted but also celebrated across the country, and the legal popularity of their relationships will not be far behind.
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