In the midst of heated debates and disapproval, Japan successfully enacted a law on Friday with the objective of fostering awareness and acceptance of the LGBT community. Nonetheless, the bill has encountered opposition due to its absence of provisions safeguarding human rights and its potential to sustain specific discriminatory practices.
As the sole member of the Group of Seven (G7) without legal safeguards for same-sex unions, Japan initially pledged to enact the legislation prior to hosting the G7 leaders’ summit scheduled to take place from May 19 to May 21.
Nevertheless, disagreements regarding the bill’s substance and phrasing led to its submission to Parliament for deliberation on the eve of the summit.
Despite some members of the ruling Liberal Democratic Party deviating from party directives and either abstaining or leaving during the voting process, the bill was ultimately endorsed by the more influential lower house recently.
The initial version of the bill explicitly stated that discrimination based on sexual orientation and gender identity should be “not tolerated.” However, it underwent revisions, and the wording was modified to state that “there should be no unfair discrimination.” Critics argue that this alteration in language implicitly leaves room for discrimination and prejudice.
“Although the original bill was not particularly significant, I believed it was better than nothing,” commented Takeharu Kato, a lawyer and member of the activist group “Marriage for all Japan,” prior to the bill’s approval. “But now I’ve started to think that having nothing at all might be better.”
Japan has encountered pressure from fellow G7 nations, particularly the United States, urging the country to legalize same-sex marriage. Economic leaders have voiced concerns that Japan’s global competitiveness may be hampered unless there is greater diversity, including adequate representation for the lesbian, gay, bisexual, and transgender communities.
Public opinion polls reveal that around 70 percent of the Japanese population is in favor of legalizing same-sex marriage. However, Prime Minister Fumio Kishida’s conservative ruling party remains opposed to it. In February, Kishida dismissed an aide who made offensive remarks concerning same-sex marriage, causing widespread outrage.
While over 300 municipalities in Japan permit same-sex couples to establish partnership agreements, these agreements provide limited rights. Couples are unable to inherit each other’s assets, obtain parental rights for each other’s children, or even secure hospital visitation rights.
Among the Group of Seven nations, Japan remains the only country without legal protection for same-sex unions. The Japanese constitution defines marriage as a union based on “the mutual consent of both sexes.”
In recent months, Japan has witnessed five separate court rulings on same-sex marriages. The most recent ruling, issued last month, declared that the non-recognition of same-sex marriage was “in a state of unconstitutionality.”
