Recognition of same-sex unions in Japan

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
Austria*
Belgium
Brazil
Canada
Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
Ireland
Luxembourg
Malta
Mexico:
· 12 states & CDMX
Netherlands1
New Zealand2
Norway
Portugal
South Africa
Spain
Sweden
Taiwan+
United Kingdom3
United States4
Uruguay

Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Same-sex marriage is not recognized in Japan. As of 2018, nine cities and city wards have legalized same-sex partnerships, which provide some of the benefits of marriage.[1][2] In addition, Koseki household registration allows for some next of kin legal rights. Most polls conducted since 2013 have found that a slight majority of Japanese people support the legalization of same-sex marriage or partnerships.[3]

Partnership certificates

Map of Japanese subdivisions that issue partnership certificates to same-sex couples.
  Issues partnership certificates to same-sex couples
  Does not issue certificates

On April 1, 2015, Shibuya ward in central Tokyo announced that it would offer same-sex couples special partnership certificates which are stated to be equivalent to marriage. While these licenses are not legally recognized as marriage certificates, they are still a useful tool in civil matters such as hospital visitation rights.[4][5] The Shibuya ward office began accepting applications on 28 October 2015.[6]

In response to this action by the Shibuya ward office, the "Special Committee to Protect Family Ties" (家族の絆を守る特命委員会, kazoku no kizuna wo mamoru tokumei iinkai) of the federal ruling Liberal Democratic Party was formed in March 2015 to discuss the matter. An officer from the Ministry of Justice who was invited to comment has stated that the action by Shibuya is legal because the certificate issued is not a marriage certificate and the current Japanese legal code does not prohibit the "partnership" of same-sex couples.[7]

In July 2015, Tokyo's Setagaya ward announced that it would be joining Shibuya in recognizing same-sex partnerships from 5 November of the same year.[1][8][9] On 30 November 2015, the special city of Takarazuka, located in Hyōgo Prefecture, announced it would issue partnership certificates to same-sex couples, beginning on 1 June 2016.[10][11] In December 2015, the city of Iga in Mie Prefecture made a similar announcement with certificates starting on 1 April 2016.[2][12][13] On 22 February 2016, Naha, the capital of Okinawa Prefecture, announced it would begin issuing partnership certificates to same-sex couples on 8 July 2016, making it the first core city in Japan to recognize same-sex couples.[14][15][16][17]

In April 2016, an LGBT rights group began a campaign for the official recognition of same-sex couples in Sapporo, the capital of Hokkaido Prefecture. The group took its petition to the Sapporo City Government in June 2016.[18] In December 2016, officials announced that Sapporo planned to draw up guidelines by March 2017.[19] In March, the City Government announced that partnership certificates would be issued to couples, beginning on 1 June 2017. It would enable couples to become recipients of each other's life insurance money, among other benefits. According to the city, about 1,500 people expressed opinions welcoming the program, while some opposed it.[20][21] Sapporo became the first designated city in Japan to recognize same-sex couples.[22]

On 14 February 2018, the Fukuoka City Government announced plans to start issuing partnership certificates to same-sex and different-sex couples from 2 April 2018.[23][24] Osaka followed suit on 9 July 2018,[25] and Chiba has announced plans to start recognizing all unmarried couples in April 2019.[26]

The Tokyo ward of Nakano began offering partnership certificates in August 2018. Couples can receive notarized documentation recognizing a delegation agreement for medical treatment and nursing care, property management and other areas in which married couples share responsibility.[27]

Measures to allow same-sex partnership certificates are currently also under consideration in Saitama and Yokohama,[28] and have been proposed in numerous areas, including the Tokyo wards of Arakawa, Bunkyō, Chiyoda, Chūō, Katsushika, Kita, Kōtō, Nerima, Sumida, Taitō and Toshima, and the cities of Abashiri, Hachiōji, Hannō, Iruma, Kamakura, Kawagoe, Kawasaki, Kazo, Moroyama and Sakado.[29]

List

Statistics

The first couple to receive a partnership certificate were Koyuki Higashi and Hiroko Masuhara in Shibuya. They were personally congratulated by Mayor Ken Hasebe.[6] On 5 November 2015, the day Setagaya began recognising same-sex partnerships, 8 couples went to the Setagaya ward office to apply for partnership certificates.[6]

By April 2017, 17 same-sex couples had been issued partnership certificates in Shibuya.[30]

Marriage

Background

Asia
Same-sex sexual activity legal
  Marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Not enforced or unclear
  Penalty
  Life in prison
  Death penalty

On March 27, 2009, it was reported that Japan has allowed its nationals to marry same-sex foreign partners in countries where same-sex marriage is legal. Japan does not allow same-sex marriage domestically and has so far also refused to issue a key document required for citizens to wed overseas if the applicant's intended spouse is of the same legal sex. Under the change, the Ministry of Justice instructed local authorities to issue the key certificate—which states a person is single and of legal age—for those who want to have same-sex marriages.[31]

In June 2011, the deputy head abbot of Kyoto's Shunkō-in Zen temple announced that the temple would perform same-sex marriage ceremonies as part of Gay and Lesbian Pride Month.[32]

Since May 15, 2012, Tokyo Disney Resort has allowed symbolic (not legally recognized) same-sex marriage ceremonies in its Cinderella's Castle hotel.[33] On March 3, 2013, its first same-sex marriage was held.[34] Koyuki Higashi married her partner, who was only identified by the name Hiroko.[35]

Constitution

Article 24 of the Japanese Constitution states:[36] "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis." Previously, a couple in Japan could marry only if their respective head of household (the father, or in the absence of a father, the eldest son) consented to the union. As a result, arranged marriage was the dominant form of marriage. Those couples who could not obtain permission had to elope and stay in common-law marriage.

The purpose of Article 24 of the new Constitution was to assert freedom of consenting adults to marry, and to explicitly establish the equality of both sexes in marriage. The wording defined marriage as a union of husband and wife. Some legal scholars argue that because the intent behind the article was not in reference to same-sex marriage, it need not apply in legalising same-sex marriage. However, conservative lawmakers as well as legal scholars who take a literal approach to constitutional interpretation argue that such an argument is a stretch.[37]

In February 2015, the National Diet debated whether same-sex marriage should be recognized under Japan's Constitution.[38] Kota Matsuda, a member of the House of Councillors, said:

We need to eliminate lifestyle difficulties for same-sex couples. A prerequisite to achieving this goal is dealing with Article 24 of the Constitution.

Japanese Prime Minister Shinzō Abe expressed his opinion on the issue:[38]

Extending the institution of marriage to same-sex couples was not anticipated under the current Constitution. It is an issue that concerns the very core of family values and, I believe, one that requires extremely careful consideration.

Political support

The Constitutional Democratic Party of Japan supports same-sex marriage.[39]

Koseki

In Japan, each citizen is registered through the koseki system whereby an individual is registered as a part of household (while in the West, a birth certificate can act as a proof of identity). Koseki registration performs a somewhat similar role to marriage in the West as it endows a member of the same koseki legal power (as next of kin) in dealing with civil matters such as inheritance, hospital visits or the right to organise a funeral. Therefore, registering each other as a part of the koseki works as a substitute for Western-style marriage. As a consequence, Japanese gay couples, in the absence of same-sex marriage or civil partnership laws, often use adoption procedures to register themselves as belonging to the same household (where the older partner legally adopts the younger partner, which in absence of a spouse makes the only adopted child the sole executor of that household).

Public opinion

A May 2013 Ipsos poll found that out of over a thousand Japanese adult interviewees, 24% of respondents were in favor of same-sex marriage and another 27% supported other forms of recognition for same-sex couples.[40] An April 2014 Ipsos poll found that 26% of respondents were in favor of same-sex marriage and that 24% were in favor of some other form of recognition for couples.[41] A May 2015 Ipsos poll found 30% of respondents in favour of same-sex marriage and a further 28% in favour of some other form of recognition (meaning that 58% supported recognising same-sex couples in some form).[42]

According to a survey by Nihon Yoron Chōsa-ka, conducted on 1 and 2 March 2014, 42.3% of Japanese supported same-sex marriage, while 52.4% opposed it.[43] Another poll conducted by FNN in April 2015 showed that 59% supported the same-sex partnership certificate law proposed in Shibuya and 53% supported same-sex marriage. This was the first time a poll had found majority support for same-sex marriage.[44][45] An additional poll conducted in November 2015 showed a 51% majority as supporting same-sex marriage, unions or partnerships.[3] 41% were opposed. People under the age of 20 were overwhelmingly in favor of same-sex marriage (72% support), whereas people aged 70 and over overwhelmingly opposed same-sex marriage (24% support).[46]

A 2017 opinion poll released by the NHK showed that 51% of Japanese supported same-sex marriage.[47]

See also

References

  1. 1 2 "Tokyo's Setagaya Ward to begin legally recognizing same-sex partnerships". Rocket News 24. 31 July 2015.
  2. 1 2 Joe Williams (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
  3. 1 2 Chisaki Watanabe (2015-11-29). "Majority of Japanese Support Same-Sex Marriage, Poll Shows - Bloomberg Business". Bloomberg.com. Retrieved 2015-12-27.
  4. ↑ Master Blaster. "Japan government hard at work trying to prevent Shibuya Ward approving same-sex marriages". Rocket News 24.
  5. ↑ "The First Place In East Asia To Welcome Same-Sex Marriage". NPR.org. 11 May 2015. Retrieved 30 June 2015.
  6. 1 2 3 Tokyo’s Shibuya and Setagaya wards issue first same-sex partnership papers
  7. ↑ 二階堂, 友紀 (26 March 2015). "渋谷区の「同性婚」条例案、自民内から異論相次ぐ". 朝日新聞社. Retrieved 26 March 2015.
  8. ↑ "Tokyo's Setagaya Ward to begin legally recognizing same-sex partnerships". Japan Today. 31 July 2015. Retrieved 30 September 2015.
  9. ↑ Tokyo’s Shibuya and Setagaya wards issue first same-sex partnership papers
  10. ↑ Wee, Darren (December 1, 2015). "Takarazuka first city in Japan's Kansai region to certify gay couples". Gay Star News.
  11. ↑ "Takarazuka becomes fourth Japanese municipality to recognize same-sex partnerships". RocketNews24. 1 June 2016.
  12. ↑ Masanori, Hiuchi (1 March 2016). "City in Mie Prefecture to recognize same-sex partnerships in April". Asahi Shimbun.
  13. ↑ "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.
  14. ↑ "酷新聞：好消息！日本沖繩那霸市 承認同性伴侶" (in Chinese). Age of Queer. 27 February 2016.
  15. ↑ "那覇市、同性パートナーシップ制度を開始へ【LGBT】" (in Japanese). The Huffington Post. 23 February 2016.
  16. ↑ "Naha starts system to certify same-sex marriages". The Japan Times. 8 July 2016.
  17. ↑ Wilson, Scott (7 July 2016). "Okinawa's capital city Naha officially recognizes same-sex partnerships". RocketNews24.
  18. ↑ Sekine, Kazuhiro (8 April 2016). "Sapporo LGBT activists to take fight for equality to city officials". Asahi Shimbun.
  19. ↑ Sapporo to join other cities in recognizing same-sex partnerships as marriages
  20. ↑ Sapporo to become first major city to recognize LGBT couples in June
  21. ↑ Sapporo will be Japan’s first major city to recognise same-sex relationships
  22. ↑ Sapporo first major city in Japan to issue certificates recognizing same-sex couples
  23. ↑ "Fukuoka city to become Japan's seventh municipality to recognize LGBT couples". The Japan Times. 14 February 2018.
  24. ↑ "Fukuoka begins official recognition of LGBT partnerships". The Japan Times. April 2, 2018.
  25. ↑ "Osaka to start recognizing LGBT couples from July". Kyodo News. 28 June 2018.
  26. ↑ "Chiba to issue nonbinding certificates recognizing same-sex and common-law couples". The Japan Times. 25 August 2018.
  27. ↑ "Tokyo's Nakano Ward to offer partnership certificates to same-sex couples this summer". The Mainichi. 10 May 2018.
  28. ↑ "Tokyo's Shibuya goes it alone with gay partner certificates". Financial Times. 3 April 2015.
  29. ↑ "Sexual minorities seek recognition of same-sex partnerships from 23 municipal assemblies". The Mainichi. 5 June 2018.
  30. ↑ Tokyo Rainbow Pride participants march for ‘change’ in LGBT recognition
  31. ↑ "Japan allows its citizens same-sex marriage abroad". Google. Agence France-Presse. 27 March 2009. Retrieved 10 March 2013.
  32. ↑ Rev. Taka (May 11, 2011). "Promoting the Same-Sex Marriage and LGBT Rights in Japan". Shunkoin Today.
  33. ↑ 同性結婚、ミッキーマウスも支持 東京ディズニーリゾート - AFP(2012年9月8日閲覧)
  34. ↑ 元タカラジェンヌと女性のカップルが、東京ディズニーリゾートで初の同性挙式 - インターナショナルビジネスタイムズ(2013年3月3日閲覧)
  35. ↑ "Japan: Lesbian pair are first same-sex couple to get married in Tokyo Disney". PinkNews. Retrieved 30 June 2015.
  36. ↑ "THE CONSTITUTION OF JAPAN", Japan.Kantei.Go.Jp, accessed 17 May 2018.
  37. ↑ "Abe: Gay marriage not an option under the Constitution". AJW by The Asahi Shimbun. Archived from the original on 19 February 2015. Retrieved 30 June 2015.
  38. 1 2 "Amending the Constitution / Unanticipated situation: same-sex marriage". The Japan News. 30 May 2016.
  39. ↑ "LDP 'instructs' Sugita to educate herself after anti-gay article". The Asahi Shimbun. 3 August 2018.
  40. ↑ "Same-Sex Marriage". Ipsos. 7–21 May 2013. Archived from the original on 14 March 2016.
  41. ↑ "Same-Sex Marriage: Respondents in 15 Countries Assess Their Views on Same-Sex Marriage". Ipsos. June 2014. Archived from the original on 2015-01-06.
  42. ↑ "This Is How Many People Support Same-Sex Marriage In 23 Countries Around The World - BuzzFeed News". Buzzfeed.com. Retrieved 2015-11-10.
  43. ↑ "52.4% of Japanese say they oppose same-sex marriage". The Japan Times. Retrieved 30 June 2015.
  44. ↑ "あなたは同性婚についてどう思う？〜世論調査の結果から日本の未来を考える〜 | ミライロ". Mirairo.co.jp. Archived from the original on 2015-12-08. Retrieved 2015-11-10.
  45. ↑ "【産経・ＦＮＮ合同世論調査】少年法の対象年齢引き下げに賛成８２％、内閣支持率は５３・６％で４カ月連続上昇（2/2ページ） - 産経ニュース". Sankei.com. 2015-03-30. Retrieved 2015-11-10.
  46. ↑ "日逾五成民眾 贊成同性婚姻合法化". 中廣新聞網. 2015-11-29. Archived from the original on 2015-12-08.
  47. ↑ "NHK民調：日本逾5成民眾挺同婚". 中央社. 2017-05-04.
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