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Since April 2018, transgender people have been covered for sex reassignment surgery as long as they are not receiving hormone treatment.<ref>{{cite web|url=https://www.japantimes.co.jp/news/2018/06/14/national/social-issues/japans-social-security-net-transgender-people-improving-obstacles-loom-seniors/|title=Japan's social security net for transgender people improving but obstacles loom for seniors|date=14 June 2018|access-date=25 June 2019|via=Japan Times Online}}</ref> The Ministry of Health, Labor and Welfare has also allowed transgender people to use their preferred names on their health insurance cards.
Since April 2018, transgender people have been covered for sex reassignment surgery as long as they are not receiving hormone treatment.<ref>{{cite web|url=https://www.japantimes.co.jp/news/2018/06/14/national/social-issues/japans-social-security-net-transgender-people-improving-obstacles-loom-seniors/|title=Japan's social security net for transgender people improving but obstacles loom for seniors|date=14 June 2018|access-date=25 June 2019|via=Japan Times Online}}</ref> The Ministry of Health, Labor and Welfare has also allowed transgender people to use their preferred names on their health insurance cards.


In June 2018, the Japanese Government enacted a new law lowering the age of majority in Japan to 18. Among others, the new law sets the age of marriage at 18 for both men and women (previously women could marry at the age of 16) and allows 18-year-olds to obtain valid passports, credit cards, etc. The law also allows people diagnosed with [[gender dysphoria]] and who have undergone irreversible sterilization to legally change their sex at the age of 18.<ref name="bbc">[https://www.bbc.com/news/world-asia-44465196 Coming of age: Why adults in Japan are getting younger], ''BBC News'', 13 June 2018</ref> The changes are scheduled to take effect on 1 April 2022.
In June 2018, the Japanese Government enacted a new law lowering the age of majority in Japan to 18. Among others, the new law sets the age of marriage at 18 for both men and women (previously women could marry at the age of 16) and allows 18-year-olds to obtain valid passports, credit cards, etc. The law also allows people diagnosed with [[gender dysphoria]] and who have undergone irreversible sterilization to legally change their sex at the age of 18.<ref name="bbc">[https://www.bbc.com/news/world-asia-44465196 Coming of age: Why adults in Japan are getting younger], ''BBC News'', 13 June 2018</ref> The changes have taken effect on 1 April 2022.


In October 2020, [[Human Rights Watch]] wrote a letter urging Japan officials to allow transgender women to enroll in public women's universities in the country.<ref>{{cite web|url=https://www.hrw.org/news/2020/10/20/human-rights-watch-letter-japanese-authorities-re-trans-university-students|title=Human Rights Watch Letter to Japanese Authorities Re: Trans University Students|work=Human Rights Watch|date=20 October 2020}}</ref>
In October 2020, [[Human Rights Watch]] wrote a letter urging Japan officials to allow transgender women to enroll in public women's universities in the country.<ref>{{cite web|url=https://www.hrw.org/news/2020/10/20/human-rights-watch-letter-japanese-authorities-re-trans-university-students|title=Human Rights Watch Letter to Japanese Authorities Re: Trans University Students|work=Human Rights Watch|date=20 October 2020}}</ref>

Revision as of 15:03, 7 October 2022

This article is about LGBT legal rights in Japan. For a general overview, see Homosexuality in Japan.

LGBTQ rights in Japan
StatusLegal since 1880
Gender identityChange of legal sex allowed since 2004, following sex reassignment surgery and sterilization
MilitaryLGBT people allowed to serve openly
Discrimination protectionsSexual orientation protected in some cities, though not nationally[1]
Family rights
Recognition of relationshipsNo legal recognition of same-sex relationships on any government level (symbolic partnership certificates offered by some jurisdictions)
AdoptionAmbiguous

Lesbian, gay, bisexual, and transgender (LGBT) people in Japan face legal challenges not experienced by non-LGBT residents, although the social component is more reliable than in many Asian countries. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1880, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent.[2] Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures offer symbolic "partnership certificates" to recognise the relationships of same-sex couples. Japan is the only country in the G7 that does not legally recognize same-sex unions in any form.[3] In March 2021, a district court in Sapporo ruled that the country's non-recognition of same-sex marriage is unconstitutional under the Constitution of Japan, though the court’s ruling has no immediate legal effect.[4]

Japan's culture and major religions do not have a history of hostility towards homosexuality.[5] A majority of Japanese citizens are reportedly in favor of accepting homosexuality, with a 2019 poll indicating that 68 percent agreed that homosexuality should be accepted by society, while 22 percent disagreed.[6] Although many political parties have not openly supported or opposed LGBT rights, there are several openly LGBT politicians in office. A law allowing transgender individuals to change their legal gender post-sex reassignment surgery and sterilization was passed in 2003. Discrimination on the basis of sexual orientation and gender identity is banned in some cities, including Tokyo.[7]

Tokyo Rainbow Pride has been held annually since 2012, with attendance increasing every year.[8] A 2015 opinion poll found that a majority of Japanese supported the legalisation of same-sex marriage.[9] Further opinion polls conducted over the following years have found high levels of support for same-sex marriage among the Japanese public, most notably the younger generation.[10] However, a 2020 survey of over 10,000 LGBT people in Japan found that 38 percent had been harassed or assaulted.[11]

History

Main article: Homosexuality in Japan
A wakashū (wearing headscarf) sneaks a kiss from a female prostitute behind his patron's back. Nishikawa Sukenobu (1671–1750)

Homosexuality and same-sex relations have been documented in Japan since ancient times.

In the pre-Meiji period, nanshoku (男色) relationships inside Buddhist monasteries were typically pederastic. The older partner, or nenja (念者, "lover" or "admirer"), would be a monk, priest or abbot, while the younger partner was assumed to be an acolyte (稚児, chigo), who would be a prepubescent or adolescent boy.[12] The relationship would be dissolved once the boy reached adulthood (or left the monastery). Both parties were encouraged to treat the relationship seriously and conduct the affair honorably, and the nenja might be required to write a formal vow of fidelity.[13] During the Tokugawa period, some of the Shinto gods, especially Hachiman, Myoshin, Shinmei and Tenjin, "came to be seen as guardian deities of nanshoku" (male–male love).

From religious circles, same-sex love spread to the warrior (samurai) class, where it was customary for a boy in the wakashū age category to undergo training in the martial arts by apprenticing to a more experienced adult man. The relationship was based on the typical nenja, who loves, and the typically younger chigo, who is loved.[14] The man was permitted, if the boy agreed, to take the boy as his lover until he came of age.[15] These relationships were expected to be exclusive, with both partners swearing to take no other (male) lovers.

As Japan progressed into the Meiji era, same-sex practices continued; however, there was a growing animosity towards these practices. The practice of nanshoku began to die out after the Russo-Japanese War. Opposition to homosexuality did not become firmly established in Japan until the 19th and 20th centuries, through the Westernization efforts of the Empire of Japan.[14]

Terminology

Modern Japanese terms for LGBT people include seitekishōsūsha (性的少数者, "sexual minorities"),[16] dōseiaisha (同性愛者, literally "same-sex-love person"), gei (ゲイ, "gay"), homosekusharu (ホモセクシャル, "homosexual"), rezubian (レズビアン, "lesbian"), baisekushuaru (バイセクシュアル, "bisexual") and toransujendā (トランスジェンダー, "transgender").[17]

Legality of same-sex sexual activity

See also: Age of consent in Asia

Homosexuality is legal in Japan. There are no explicit religious prohibitions against homosexuality in the traditional religion of Japan, Shinto, or in the imported religions of Buddhism (see "Buddhism and sexual orientation") or Confucianism.

Sodomy was first criminalized in Japan in 1872, in the early Meiji era, to comply with the newly introduced beliefs of Western culture and the Qing legal codes. But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the Napoleonic Penal Code.[18] Since then, Japan has had no laws against homosexuality. Thus, sex among consenting adults, in private, regardless of sexual orientation and/or gender, is legal under Japanese law.

The national minimum age of consent in Japan is 13 years old under the Japanese Criminal Law Code. However, many municipalities and prefectures have their own particular laws, such as Tokyo's Youth Protection Law (Japanese: 東京都青少年の健全な育成に関する条例)[a] which prohibits sexual activity with youths who are under 18 years old in most circumstances. As an added note, even though the age of consent in Japan can be 13, the voting age and driving are 18, and the age of majority is 18 since 2022 (previously 20)[19].[20][21]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Japan

Article 24 of the Japanese Constitution states that "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." Articles 731 to 737 of the Japanese Civil Code limit marriage to different-sex couples. Same-sex couples are not able to marry, and same-sex couples are not granted rights derived from marriage. Also, same-sex marriages performed abroad are not legally recognized in Japan and bi-national same-sex couples cannot obtain a visa for the foreign partner based on their relationship, though the Ministry of Justice does have a general rule of giving the discretionary "designated activities" visa to same-sex married spouses.[22]

In March 2009, Japan began allowing Japanese nationals to marry same-sex partners in countries where same-sex marriage is legal. The Justice Ministry instructed local authorities to issue key certificates, which state that a person is single and of legal age, to individuals seeking to enter same-sex marriages in areas that legally allow it.[23]

In February 2015, the ward of Shibuya (in Tokyo) announced plans to establish a partnership system that would recognize same-sex couples for situations such as hospital visits and shared renting of apartments. This procedure allows couples to get a "proof of partnership" paper, which does not have any weight under Japanese law but can help in, for instance, getting access to a partner who is ill and in hospital but institutions are under no legal obligation to respect the certificates.[24] The Shibuya system is considered a significant step towards lesbian and gay partnership rights in Japan.[25] In July 2015, Tokyo's Setagaya ward announced that it would be joining Shibuya in recognizing same-sex partnerships from November of the same year.[26] Since then, 100 municipalities have begun issuing partnership certificates, including highly-populated Yokohama, Osaka, Sapporo, Fukuoka, Kyoto, Kawasaki, Saitama and Hiroshima,[27] as well as five prefectures, namely Ibaraki, Osaka, Gunma,[28][29] Saga and Mie.

On 17 March 2021, a district court in Sapporo ruled that laws or regulations that deprive same-sex couples of the right to marry constitute unlawful discrimination and violate Article 14 of the Constitution of Japan. The court found that Article 24 does not prohibit the recognition of same-sex marriages. The ruling did not legalize same-sex marriage in Japan, but is likely to step up pressure on the National Diet to act.[30]

Yasuhiko Watanabe, a law professor at Kyoto Sangyo University, stated that if Japan recognizes same-sex marriage, that would impact the whole of Asia, proving that it is allowed not only in Western societies.[31]

On 26 June 2022, a district court in Osaka brought down a conflicting ruling to the ruling from the previous year out of Sapporo. It ruled that a ban on same-sex marriage is not unconstitutional. The ruling did not change the legal status of same-sex marriage in Japan as it did not occur at a court with the power to set binding legal precedent. The plaintiffs have indicated plans to appeal the decision. Other similar court cases in other district courts in Tokyo, Nagoya and Fukuoka remain ongoing.[32] In addition, the Tokyo metropolitan government recently announced a plan, set to take effect in October, to accept registrations from same-sex couples seeking certificates of their partnerships.[33]

Adoption and parenting

Same-sex couples are not allowed to legally adopt in Japan. Lesbian couples and single women are unable to access IVF and artificial insemination.[34]

In April 2017, Osaka officially recognised a same-sex couple as foster parents, making it the first such case in Japan.[35]

Discrimination protections

As of 2021, sexual orientation and gender identity are not protected by national civil rights laws, which means that LGBT Japanese have few legal recourses when faced with discrimination in such areas as employment, education, housing, health care and banking.[36] According to a 2018 Dentsu Diversity Lab survey, more than 65% of questioned LGBT people said they had not come out to anyone at work or home.[37]

The Japanese Constitution promises equal rights and is interpreted to prohibit discrimination on all grounds. However, homosexual and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law. Same-sex partners are excluded from the Act on the Prevention of Spousal Violence and the Protection of Victims (Japanese: 配偶者からの暴力の防止及び被害者の保護等に関する法律)[b] and generally lack safe places where they can seek help and support.[38]

In 2013, Yodogawa-ku, Osaka, became the first Japanese government area to pass a resolution officiating support for LGBT inclusion, including mandating LGBT sensitivity training for ward staff.[39][40][41][42] Naha followed suit in July 2015.[43]

In October 2018, the Tokyo Metropolitan Assembly passed a law prohibiting all discrimination on the basis of sexual orientation and gender identity. The law, which took effect in April 2019, also commits the Metropolitan Government to raise awareness of LGBT people and "conduct measures needed to make sure human rights values are rooted in all corners of the city". The law outlaws expressing hateful rhetoric in public.[44][45] Prior to this, the wards of Shibuya and Setagaya had already passed explicit protections for LGBT people.[46][47]

In December 2018, four political parties, the Constitutional Democratic Party of Japan, the Democratic Party for the People, the Japanese Communist Party, and the Liberal Party, along with the support of several independents, introduced to the House of Representatives a bill entitled the Proposed Law on the Promotion of the Elimination of Discrimination based on Sexual Orientation and Gender Identity (Japanese: 性的指向又は性自認を理由とする差別の解消等の推進に関する法律案)[c] to prohibit discrimination, harassment and bullying at schools on the basis of sexual orientation.[48][49]

In March 2019, legislation banning discrimination against "sexual minorities" was passed in Ibaraki Prefecture.[50][51]

Human Rights Watch, J-ALL (Japan Alliance for LGBT Legislation) and Athlete Ally urged Prime Minister Shinzo Abe to support legislation protecting LGBT people against discrimination on the basis of gender and sexual orientation. On 17 April 2020, 96 human rights and LGBT organizations sent a letter to the Prime Minister calling for the passage of a non-discrimination law.[52]

In April 2022, legislation prohibiting discrimination among others sexual orientation and gender identity came into operation in Akita Prefecture.[53]

Employment discrimination

While the Equal Employment Opportunity Law (Japanese: 男女雇用機会均等法)[d] has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity.[54] The Tokyo Metropolitan Government has passed legislation banning discrimination in employment based on sexual orientation and gender identity.[46]

Companies in Japan consisting of ten or more employees are required to establish work regulations. In January 2018, the Ministry of Health, Labor and Welfare revised the Model Rules of Employment (モデル就業規則)[e] which "stands as the example framework for work regulations", to prohibit discrimination based on sexual orientation and "gender identification".[47] Article 15 reads:[55]

In addition to what are provided for from Article 12 to the preceding paragraph, employees are prohibited from any other forms of harassment at the workplace that are damaging to the work environment of other employees such as by way of speech or behaviour related to sexual orientation or gender identification.

Housing discrimination

In 1990, the group OCCUR (Japan Association for the Lesbian and Gay Movement)[56] won a court case against a Tokyo government policy that barred gay and lesbian youth from using the "Metropolitan House for Youth". While the court ruling does not seem to have extended to other areas of government-sponsored discrimination, it is cited by the courts as a civil rights case.[46]

Since autumn 2003, the Urban Renaissance Agency, the government agency that operates government housing has allowed same-sex couples to rent units the same way as heterosexual couples at any one of the over 300 properties that it operates. This opened the way for more such action, as the Osaka Government in September 2005 opened the doors of its government housing to same-sex couples.[57]

In February 2018, the Ministry of Health, Labor and Welfare created provisions addressing discrimination in housing, stating that "consideration must be taken to not deny lodging on the basis of sexual orientation or gender identity."[47]

In October 2020, The Guardian reported that several Japanese love hotels were denying entry to same-sex couples for the sole reason of their sexual orientation, despite it being illegal under federal law since 2018 as per the guidelines issued by the Ministry of Health, Labor and Welfare.[3]

Bullying in schools

In 2017, the Education Ministry added sexual orientation and gender identity to its national bullying policy.[46][58] The policy mandates that schools should prevent bullying of students based on their sexual orientation or gender identity by "promoting proper understanding of teachers on … sexual orientation/gender identity as well as making sure to inform on the school's necessary measures regarding this matter."

Others

In January 2018, after a high-profile incident in 2015 in which a gay student at Hitotsubashi University died by suicide after being outed against his will, the city of Kunitachi passed an "anti-outing" ordinance to promote understanding of LGBT people.[47] Mie Prefecture passed a similar "anti-outing" law in March 2021.[59][60]

In June 2019, after three years of consultations, a special committee of the ruling Liberal Democratic Party (LDP) announced the LGBT Understanding and Enhancement Bill, which aims to improve understanding of LGBT issues, would be introduced to the National Diet. However, LGBT rights activists criticized the bill for falling short by not mentioning same-sex marriage or anti-discrimination protections.[61][62]

In April 2021, the LDP announced it would pass the LGBT Understanding and Enhancement Bill during the current Diet session, set to end in June. The bill only requires the government to "promote understanding of LGBT people" and does not actually ban discrimination.[63]

Transgender rights

Passage of the law on gender recognition

In 2003, a law was passed allowing transgender people to change their gender marker on legal documents. Approval requires being over 22 years old, unmarried, undergoing sex reassignment surgery, sterilization, and having no children under 20. The law, known as the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder (Japanese: 性同一性障害者の性別の取扱いの特例に関する法律)[f] or simply Law 111, went into effect in July 2004,[64] and was upheld by the Supreme Court of Japan in January 2019.[65] By that date, 7,000 persons had legally changed gender. The court wanted to prevent "confusion" within parent-child relations, as well as "abrupt changes" in Japanese society. Two of the majority judges still issued a call for society to "embrace the diversity of sexual identity", also adding that the requirements were invasive and encouraged the National Diet to review them.[66]

Socio-cultural background

Yale University professor Karen Nakamura notes in a discussion held October 2015 that "Japanese transgender activists present their gender identity as a disability in order to achieve more social and legal change in Japanese society", employing the medical diagnostic term of "gender identity disability" (性同一性障害, seidoitsusei shougai), instead of "gender identity disorder", which is more common in English-medium materials). This in part arises from what Nakamura calls a "translation fluke"; shougai can be fluidly interpreted as inter alia either "disability" or "disorder". According to Nakamura, this is because there is a strong protection in Japanese society and laws for disabled persons; therefore, identifying more as members of the disability community rather than the queer community has allowed transgender Japanese to assert their rights in law and society more strongly without social ostracization, moreso than LGB Japanese.[67][68]

Conflict of private international law

Even though surgery is required as a condition to change one's registered gender in the Japanese courts, this only applies to Japanese nationals. Foreign nationals change their registered gender with the country of their nationality, then reporting the change to the Immigration Services Agency to be reflected on their residence card. This conflict of laws can lead to bureaucratic breakdown.

In 2018, U.S. national and Aoyama Gakuin University lecturer Elin McCready changed her legal gender to female in the United States. After the change, municipal offices in the Meguro and Ota wards of Tokyo refused to recognize it, citing her subsisting marriage to Midori Morita-McCready, a Japanese national - which the legal gender recognition would make a same-sex marriage. This led them to pursue a lawsuit against the local and central governments. Their attorney, Toshimasa Yamashita, said that following the precedent set in the 2018 Sapporo court case on same-sex marriage, this refusal was unconstitutional.[69][70]

Other developments

On 24 February 2012, the Hyogo Lawyers' Association recommended that a transgender woman in a male prison be transferred to a female institution.[71] According to this report, she had been placed in a male institution because of her legal sex, despite having undergone sex reassignment surgery prior to her detention, and was not treated as a woman in any way. She was subject to body checks by male staff, had her hair shaved, and was denied feminine clothing.

Since April 2018, transgender people have been covered for sex reassignment surgery as long as they are not receiving hormone treatment.[72] The Ministry of Health, Labor and Welfare has also allowed transgender people to use their preferred names on their health insurance cards.

In June 2018, the Japanese Government enacted a new law lowering the age of majority in Japan to 18. Among others, the new law sets the age of marriage at 18 for both men and women (previously women could marry at the age of 16) and allows 18-year-olds to obtain valid passports, credit cards, etc. The law also allows people diagnosed with gender dysphoria and who have undergone irreversible sterilization to legally change their sex at the age of 18.[19] The changes have taken effect on 1 April 2022.

In October 2020, Human Rights Watch wrote a letter urging Japan officials to allow transgender women to enroll in public women's universities in the country.[73]

In January 2022, a transgender individual was arrested for "using the wrong bathroom" in Osaka. The Osaka Prefectural Police has declined to pursue charges, instead leaving that decision up to state prosecutors. Mikiya Nakatsuka, professor of health sciences at Okayama University and president of the Japanese Society of Gender Identity Disorder, stated that most transgender persons in Japan "paid attention when they used toilets at public facilities so they [could] stay out of trouble], and expressed concern that this single case would be applied erroneously to the wider transgender community, creating unwarranted prejudice and discrimination.[74][75]

Blood donation

Gay and bisexual men are allowed to donate blood in Japan following a six-month abstinence from sex.[76] While women and heterosexual men only need to wait six-months after being with a new partner of the opposite sex.[77]

Military service

Main article: Sexual orientation and gender identity in military service

The Japan Self-Defense Forces, when being asked about their policy toward people who are gay or lesbian following the U.S. debate during the Clinton presidency, answered that it was not an issue, and individuals within the forces indicated that as long as same-sex relations did not lead to fights or other trouble, there were few, if any, barriers to their inclusion in the armed services.[78]

Celebrities

While representations of homosexuals in the Japanese media tend towards caricature on the basis of stereotypes of sexual or behavioral deviance (e.g. the actually straight Hard Gay), there are several examples of transgender and non-binary celebrities in Japan such as Haruna Ai, Kayo Satoh, Ataru Nakamura, Kaba-chan, Hikaru Utada and Ikko. Several prominent musicians including Yoshinori Kanemoto and Ayumi Hamasaki have large LGBT fanbases as a result of their support for the LGBT community; among other activities, Hikaru Utada featured a gay teddybear called Kuma who she introduced as far back as 2010,[79] and Ayumi Hamasaki headlined at Tokyo's 2018 Pride festival (incidentally, Hamasaki starred in the LGBT-themed movie Nagisa no Shindobaddo in the 1990s).[80] Various celebrities have dedicated airtime on radios and podcasts to LGBT topics and supporting LGBT issues. Sho Sakurai of Arashi held an interview with drag queens in 2015 in Shinjuku Ni-chōme and was given the nickname "Cherry Shoko in the Sky".[81] Matsuko Deluxe is a famous and well-respected drag queen TV personality along the lines of Lily Savage (UK) and Dame Edna (Australia). The education specialist Naoki Ogi (more colloquially known by teachers across Japan by his nickname "Ogimama") has in past years given focus to LGBT issues in schools.[82] Support for LGBT rights has been expressed by corporate executives and Olympic athlete Dai Tamesue.[83] One of famous Japanese director Hirokazu Kore-eda's earliest movies, a documentary called "August without Him", released in 1994, follows Hirata Yutaka, the first openly gay AIDS sufferer in Japan. Filmed over a series of months, it contrasts his public life as an outspoken figure on the lecture circuit with his personal descent into illness and death.

Political support

Tokyo Rainbow Pride in 2016
Sapporo Rainbow Pride in September 2019

Most political parties in Japan have formal positions in favor or against LGBT rights in their party's platform or manifesto. The Liberal Democratic Party (LDP) has indicated opposition to legalizing same-sex marriage, whereas the Constitutional Democratic Party (CDP), the Communist Party and the Social Democratic Party have indicated support for legalization.[84]

In 2001, the Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation be included in the nation's civil rights code, but the National Diet refused to adopt the recommendation.

In 2003, Aya Kamikawa became the first openly transgender politician to be elected to public office in Japan, winning a seat on the Setagaya Ward Assembly. She initially ran as an independent but expressed support for the now-defunct Rainbow and Greens party and later unsuccessfully ran for the National Parliament as a member of the Democratic Party of Japan.[85]

In 2005, Kanako Otsuji, from the Osaka Prefectural Assembly (2003–2007), became the first openly gay politician in Japan, when she formally came out at the Tokyo Gay Pride Festival. She later briefly served on the House of Councillors in 2013. Following the 2017 general election, Otsuji became the first openly lesbian member of the House of Representatives.[86]

In 2010, Tokyo Governor Shintaro Ishihara faced international criticism for controversial comments he made, in which he said that gays and lesbians were "deficient somehow. It may be attributed to something genetic. I feel sorry for them being a minority."[87]

In 2011, Taiga Ishikawa became the first openly gay man elected to office in Japan, winning a seat in the local assembly of Toshima Ward.[88] He came out publicly in his book Where Is My Boyfriend (2002), and started a non-profit organization that sponsors social events for gay men in Japan. At the 2019 House of Councillors election, Ishikawa won a seat in the House of Councillors as a member of the CDP, the first openly gay man to do so.[89][90] After his election, he vowed to legalize same-sex marriage and enact anti-discrimination laws within the six years of his term.[91][92][93]

At the 2016 House of Councillors election, the conservative governing LDP included in its manifesto, that "same-sex marriage is incompatible with the Constitution".[94] However, it also included "promoting understanding of sexual diversity" in its platform, a move that would have been "unthinkable" in earlier times and that lawmaker Gaku Hashimoto attributed in part to burnishing the country's international image in advance of the 2020 Summer Olympics in Tokyo.[95] In 2019, former Defense Minister Tomomi Inada said she was unsure whether she would be able to introduce new legislation seeking greater tolerance of same-sex relationships amid opposition from her LDP colleagues. While Inada announced she wishes to "promote understanding" of LGBT people, she stated she is not trying to get Japan to legalize same-sex marriage or ban discrimination against LGBT citizens. Some LDP members have made controversial statements, such as Katsuei Hirasawa who argued in a speech in February 2019 that the "nation would collapse" if everyone were gay. Another ruling party lawmaker, Mio Sugita, published a magazine article in 2018 describing same-sex couples as "unproductive" because they do not have children.[96]

In March 2017, Tomoya Hosoda was elected to the Iruma Assembly, in the prefecture of Saitama. Hosoda is believed to be the first openly transgender man elected to public office in the world.[97]

During the country's 2017 general election, Tokyo Governor Yuriko Koike's newly launched Party of Hope pledged the elimination of LGBT discrimination in its manifesto.[98]

In January 2019, trans woman Maria Akasaka became a member of the Kameoka City Assembly, in Kyoto Prefecture.[99] In April 2019, another trans woman, Ayako Fuchigami, won a seat on the Hokkaido Prefectural Assembly representing Sapporo's Higashi-ku ward. She became the first openly transgender person to hold a prefectural assembly position in Japan.[100]

In June 2019, the CDP added introducing legislation aimed at ending discrimination against the LGBT community and legalising same-sex marriage to their party platforms ahead of the 2019 Japanese House of Councillors election.[101]

In May 2021, Japan’s conservative governing LDP has been accused of violating the Olympic charter after it failed to approve a bill to protect the rights of the LGBT community, during discussions marred by homophobic outbursts from conservative MPs. Closed meetings held in May to discuss a bill, proposed by opposition parties, ended without agreement after some LDP MPs said the rights of sexual minorities had "gone too far". An unnamed lawmaker described LGBT people as "morally unacceptable", while another MP, Kazuo Yana, said sexual minorities were "resisting the preservation of the species that occurs naturally in biological terms", media reports said. The failure to back a proposed law to protect LGBT rights was condemned by human rights groups, which said the party deserved a "gold medal for homophobia".[102]

In July 2022, LGBT rights activists and supporters protested in front of the ruling Liberal Democratic Party's headquarters after an intra-party panel meeting circulated a booklet claiming that "homosexuality is a mental disease or addiction." The text was packed with false information, including "It's not the case that high suicide rates among LGBT people can be attributed to discrimination within society," and, "We should not legitimatize the sexual lifestyles of sexual minorities as it will become a social problem which will destroy families and society."[103]

Summary table

Same-sex sexual activity legal Yes (Since 1880)
Equal age of consent Yes (Since 1880)
Anti-discrimination laws in employment No/Yes (In Tokyo and Ibaraki)
Anti-discrimination laws in the provision of goods and services No/Yes (In Tokyo and Ibaraki)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No/Yes (In Tokyo and Ibaraki)
Same-sex marriage(s) No (Ban declared unconstitutional in lower court)[104]
Recognition of same-sex couples No (Some jurisdictions offer "partnership certificates", however, they do not offer any legal recognition) symbolic certificates pending in several jurisdictions
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Lesbian, gay and bisexual people allowed to serve in the military Yes
Right to change legal gender Yes (Since 2004; under certain restrictions: must undergo surgery, sterilization, be unmarried, and have no children under 20)
Conversion therapy on minors banned No
Access to IVF for lesbian couples No
Commercial surrogacy for gay male couples No (Banned regardless of sexual orientation)
MSM allowed to donate blood Yes/No (6-month deferral period)

See also

Notes

  1. ^ Rōmaji: toukyouto seishounenno kenzen na ikusei nikansuru jourei
  2. ^ Rōmaji: haigūsha kara no bōryoku no bōshi oyobi higaisha no hogotō nikansuru hōritsu
  3. ^ Rōmaji: seiteki shikou matahasei jinin wo riyuu to suru sabetsuno kaishoutou no suishin nikansuru houritsuan
  4. ^ Rōmaji: danjo koyō kikai kintōhō
  5. ^ Rōmaji: moderu shuugyoukisoku
  6. ^ Rōmaji: seidōitsusei shōgaisha no seibetsu no toriatsukai no tokurei ni kansuru hōritsu

References

  1. ^ "ILGA State sponsored homophobia 2008.doc" (PDF). Ilga.org. Archived from the original (PDF) on 6 March 2009. Retrieved 20 January 2011.
  2. ^ "H-Net Reviews". H-net.org. May 2000. Retrieved 16 June 2014.
  3. ^ a b Justin McCurry (30 October 2020). "Japan's 'love hotels' accused of anti-gay discrimination". The Guardian.
  4. ^ "Japan court finds same-sex marriage ban unconstitutional". BBC News. 17 March 2021. Retrieved 18 March 2021.
  5. ^ Sam Shoushi (25 March 2008). "Japan and Sexual Minorities | ヒューライツ大阪". Hurights.or.jp. Retrieved 16 June 2014.
  6. ^ "The Global Divide on Homosexuality Persists". Pew Research Center. 25 June 2020. Retrieved 18 April 2021.{{cite web}}: CS1 maint: url-status (link)
  7. ^ "Archived copy" (PDF). Archived from the original (PDF) on 16 November 2013. Retrieved 14 October 2013.{{cite web}}: CS1 maint: archived copy as title (link)
  8. ^ "12 pictures of Tokyo Pride which will make your day". 8 May 2017. Retrieved 8 April 2018.
  9. ^ Chisaki Watanabe (29 November 2015). "Majority of Japanese Support Same-Sex Marriage, Poll Shows - Bloomberg Business". Bloomberg.com. Retrieved 27 December 2015.
  10. ^ "Survey: 78% of Japanese in 20s to 50s favor legal gay marriages". The Asahi Shimbun. 28 January 2019.
  11. ^ "38% of LGBT people in Japan sexually harassed or assaulted: survey". Kyodo News. 27 December 2020.
  12. ^ Childs, Margaret (1980). "Chigo Monogatari: Love Stories or Buddhist Sermons?". Monumenta Nipponica. Sophia University. 35: 127–51. doi:10.2307/2384336.
  13. ^ Pflugfelder, Gregory M. (1997). Cartographies of desire: male–male sexuality in Japanese discourse, 1600–1950. University of California Press. p. 26, 39–42, 75, 70-71, 252,
  14. ^ a b Furukawa, Makoto. The Changing Nature of Sexuality: The Three Codes Framing Homosexuality in Modern Japan. pp. 99, 100, 108, 112.
  15. ^ Leupp, Gary (1997). Male Colors: The Construction of Homosexuality in Tokugawa Japan. University of California Press. ISBN 978-0-520-91919-8., p. 26, 32, 53, 69-78, 88, 90- 92, 95-97, 102, 132-135.
  16. ^ Kinkade, Tyler; Endo, Shunpei (2021). "LGBT who? Crosslinguistic influence in sociosexual and gender literacy" (PDF). Gender Awareness in Language Education Journal. 13: 9. Retrieved 18 March 2021.
  17. ^ "Intersections: Male Homosexuality and Popular Culture in Modern Japan". intersections.anu.edu.au. Retrieved 8 April 2018.
  18. ^ "H-Net Reviews". H-net.org. Archived from the original on 27 June 2007. Retrieved 20 January 2011.
  19. ^ a b Coming of age: Why adults in Japan are getting younger, BBC News, 13 June 2018
  20. ^ "Japan Legal FAQ – Is the age of consent in Japan really 13?". Legal.3yen.com. 27 July 2005. Archived from the original on 25 October 2005. Retrieved 16 June 2014.
  21. ^ "World Legal Survey". The International Lesbian and Gay Association. 6 August 1998. Archived from the original on 13 June 2005. Retrieved 12 January 2015.
  22. ^ "The Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in Japan" (PDF). Global Rights. October 2008. Archived from the original (PDF) on 30 December 2010. Retrieved 12 January 2015.
  23. ^ "Japan to allow its citizens same-sex marriage - with foreign partners". www.fridae.asia. Retrieved 25 June 2019.
  24. ^ McCurry, Justin (5 November 2015). "Same-sex couple receives Japan's first 'partnership' certificate". The Guardian. ISSN 0261-3077. Retrieved 12 November 2019.
  25. ^ Fackler, Martin (12 February 2015). "District in Tokyo Plans to Extend Rights of Gay Couples". The New York Times.
  26. ^ "Tokyo's Setagaya Ward to begin legally recognizing same-sex partnerships". En.riocketnews24.com. 30 July 2015. Retrieved 21 July 2017.
  27. ^ "LGBTパートナー認定、群馬・大泉町が来月導入". 日本経済新聞 電子版. 26 December 2018.
  28. ^ Steger, Isabella (24 June 2019). "For the first time, same-sex couples will be recognized by a Japanese prefecture". Quartz.
  29. ^ "「大阪府パートナーシップ宣誓証明制度」を開始します". 大阪府 (in Japanese). Archived from the original on 19 January 2020. Retrieved 16 January 2020.
  30. ^ "Japan court finds same-sex marriage ban unconstitutional". BBC News. 17 March 2021. Retrieved 18 March 2021.
  31. ^ "LGBT+ rights in Asia: Small steps forward and big steps back". Nikkei Asia. Retrieved 22 July 2022.
  32. ^ "Japanese court upholds ban on same-sex marriage". BBC News. 20 June 2022. Retrieved 28 June 2022.
  33. ^ "Japan court says ban on same-sex marriage is constitutional". NPR. Associated Press. 20 June 2022. Retrieved 1 July 2022.
  34. ^ "Making LGBT Families a Possibility in Japan". 7 March 2016. Retrieved 8 April 2018.
  35. ^ "Osaka the first city in Japan to certify gay couple as foster parents". 6 April 2017. Retrieved 8 April 2018 – via Japan Times Online.
  36. ^ "Gay scene: Tolerance, legal limbo". Jun Hongo. Japan Times. Tuesday, 23 Dec. 2000
  37. ^ Fabre, Olivier (19 June 2019). "Liberal Democratic Party and tradition may stymie push for same-sex marriage in Japan". The Japan Times.
  38. ^ "Japan: Governor Should Retract Homophobic Comments | Human Rights Watch". Hrw.org. 1 February 2011. Retrieved 16 June 2014.
  39. ^ Preston Phro (6 September 2013). "Osaka ward first governmental body in Japan to officially declare support for LGBT community". RocketNews24.
  40. ^ Nikkei (2 September 2013). "大阪市淀川区がLGBT支援宣言 (Yodogawa-ku passes LGBT support declaration)". GladXX.
  41. ^ Andrew Potts (11 September 2013). "Osaka district becomes first Japanese government area to support LGBT inclusion". Gay Star News.
  42. ^ "Yodogawa ward office LGBT support declaration". Yodogawa-ku Municipal website. 1 September 2013.
  43. ^ "Naha city makes LGBT City Support Declaration". Retrieved 8 April 2018.
  44. ^ Tokyo: New Law Bars LGBT Discrimination. Human Rights Watch, 5 October 2018
  45. ^ Tokyo adopts ordinance banning discrimination against LGBT community. The Japan Times, 5 October 2018
  46. ^ a b c d "Japan - Out Leadership". Retrieved 8 April 2018.
  47. ^ a b c d "2018 LGBT News in Japan Roundup". Nijiiro News. 3 January 2019. Archived from the original on 27 April 2019. Retrieved 8 February 2019.
  48. ^ "野党５党1会派がLGBT差別解消法案を衆院に提出". 立憲民主党. Archived from the original on 31 March 2019. Retrieved 1 January 2019.
  49. ^ "●性的指向又は性自認を理由とする差別の解消等の推進に関する法律案". www.shugiin.go.jp.
  50. ^ パートナーシップ導入へ条例改正案可決 茨城県議会. The Sankei News (in Japanese). 25 March 2019. Archived from the original on 30 March 2019. Retrieved 5 April 2019.
  51. ^ 茨城、ＬＧＢＴ差別禁止を明文化 男女参画条例を改正. Hokkaido Shimbun (in Japanese). 25 March 2019. [permanent dead link]
  52. ^ "Japan: Introduce LGBT Non-Discrimination Law". Human Rights Watch. Retrieved 14 May 2020.
  53. ^ "県の多様性条例施行 性的指向など差別禁止" (in Japanese). 朝日新聞. 2 April 2022. Retrieved 5 April 2022.
  54. ^ "Archived copy" (PDF). Archived from the original (PDF) on 19 March 2012. Retrieved 13 November 2010.{{cite web}}: CS1 maint: archived copy as title (link)
  55. ^ "Rules of Employment (sample)" (PDF).
  56. ^ "NPO法人アカー（OCCUR）". Occur.or.jp. Retrieved 21 July 2017.
  57. ^ "Kampf um das soziale Ordnungsgefüge - Webcat Plus". Webcatplus.nii.ac.jp (in Japanese). Retrieved 21 July 2017.
  58. ^ "Japan: Anti-Bullying Policy to Protect LGBT Students". 24 March 2017. Retrieved 8 April 2018.
  59. ^ "A Japanese region has made it illegal to out someone as LGBT+". Gay Star News. 10 June 2020.
  60. ^ "Japan's Mie Prefecture Enacts Ordinance Banning Outing". Nippon.com. 23 March 2021.
  61. ^ Glauert, Rik (26 June 2019). "Japan's ruling party reveals draft 'LGBT understanding' bill". Gay Star News.
  62. ^ ""LGBT bill" at the Liberal Democratic Party to be submitted to the next Diet session". TV Asahi. 25 June 2019.
  63. ^ "Panel of Japan's ruling LDP to seek early passage of law on LGBT understanding". The Japan Times. 9 April 2021. Retrieved 10 June 2021.
  64. ^ "Japan: Human Rights Violation against Lesbian, Gay, Bisexual and Transgender Persons" (PDF). ILGA. April 2012. Retrieved 12 May 2020.
  65. ^ Jackman, Josh (24 January 2019). "Japan's Supreme Court rules transgender people still have to get sterilised · PinkNews". www.pinknews.co.uk. Retrieved 12 June 2019.
  66. ^ "Sterilization rule for changing gender upheld in Japan". CNN. 25 January 2019.
  67. ^ "Yale Professor Nakamura discusses Japanese transgender identity and disability". The Georgetown Voice. 23 October 2015. Retrieved 23 July 2021.
  68. ^ Nakamura, Karen (n.d.). "Trans/Disability: Disability, Queer Sexualities, and Transsexuality from a Comparative Ethnographic Perspective (トランス／ディサビリティー： 比較人類学視点から見る現代の障害者運動 、クイアーセクシュアリティ、と性同一性障害運動)" (PDF). Archived from the original (PDF) on 28 September 2020. Retrieved 23 July 2021.
  69. ^ "After gender change, a bureaucratic brick wall in Japan". France 24. 19 February 2019. Retrieved 11 January 2022.
  70. ^ Osumi, Magdalena (21 June 2021). "Couple sues Japanese government for not recognizing gender transition". The Japan Times. Retrieved 11 January 2022.
  71. ^ "Hygo". Retrieved 8 April 2018.
  72. ^ "Japan's social security net for transgender people improving but obstacles loom for seniors". 14 June 2018. Retrieved 25 June 2019 – via Japan Times Online.
  73. ^ "Human Rights Watch Letter to Japanese Authorities Re: Trans University Students". Human Rights Watch. 20 October 2020.
  74. ^ Bollinger, Alex. "Police refer trans woman to prosecutors for using women's bathroom". LGBTQ Nation. Retrieved 1 February 2022.
  75. ^ "Transgender woman referred to prosecutors for using women's washroom in Osaka". The Japan Times. 7 January 2022. Retrieved 11 January 2022.
  76. ^ エイズ、肝炎などのウイルス保有者、またはそれと疑われる方 (in Japanese). Japanese Red Cross Society. Retrieved 14 June 2016. ... 輸血を必要とする患者さんへの感染を防ぐため、過去6カ月間に下記に該当する方は、献血をご遠慮いただいています。... 男性どうしの性的接触があった。 (Translation: To prevent infecting patients requiring blood transfusion, those who match any of the following within the last six months should refrain from donating blood. ... Sexual contact between two males.)
  77. ^ エイズ、肝炎などのウイルス保有者、またはそれと疑われる方 (in Japanese). Japanese Red Cross Society. Retrieved 14 June 2016. ... 輸血を必要とする患者さんへの感染を防ぐため、過去6カ月間に下記に該当する方は、献血をご遠慮いただいています。... 不特定の異性または新たな異性との性的接触があった。 (Translation: To prevent infecting patients requiring blood transfusion, those who match any of the following within the last six months should refrain from donating blood. ... Sexual contact with an unspecified member of the opposite sex or a new member of the opposite sex.)
  78. ^ "Archived copy" (PDF). Archived from the original (PDF) on 10 November 2013. Retrieved 20 November 2011.{{cite web}}: CS1 maint: archived copy as title (link)
  79. ^ "20 Japanese Celebrities Who Have Shown Support for the LGBTQ Community". Arama! Japan. 2018. Retrieved 7 January 2020.
  80. ^ Bradley Stern (7 May 2018). "Ayumi Hamasaki, Gay Icon, Performs at 2018 Tokyo Rainbow Pride". Retrieved 7 January 2020.
  81. ^ Anonymous (21 April 2015). "Sakurai Sho Reveals That He Wants to Get Married; Wotas Upset". Archived from the original on 21 January 2020. Retrieved 7 January 2020.
  82. ^ Sekawa, Kaori (2 May 2016). "尾木ママ「学校で必ずLGBTを教えています」 東京レインボープライド2016開幕". Huffpost Japan. Retrieved 7 January 2020.
  83. ^ Snow, Nancy (30 September 2017). "Japan's race for the LGBT gold in Asia". Japan Today. Retrieved 16 October 2017.
  84. ^ Inada, Miho (20 September 2013). "Same-Sex Marriage in Japan: A Long Way Away? - Japan Real Time - WSJ". Blogs.wsj.com. Retrieved 16 June 2014.
  85. ^ "Setagaya OKs transsexual's election bid". The Japan Times News. 21 April 2003.
  86. ^ "Japan's Only Openly Gay Lawmaker Says Same-Sex Marriage Will Take Years". Bloomberg. 8 December 2017.
  87. ^ Kambayashi, Takehiko (26 July 2017). "LGBT politicians in Japan seek to promote awareness, secure rights". DPA International.
  88. ^ "Taiga Ishikawa is Japan's first openly gay elected official". Tokyomango.com. 9 May 2011. Archived from the original on 26 April 2012. Retrieved 16 June 2014.
  89. ^ "Gay politician wins Upper House seat with LGBT support". The Asahi Shimbun. 22 July 2019. Archived from the original on 14 February 2020. Retrieved 25 July 2019.
  90. ^ Daniel Reynolds (23 July 2019). "Japan's First Out Gay Lawmaker Vows Same-Sex Marriage 'Will Happen'". The Advocate.
  91. ^ Damshenas, Sam (25 July 2019). "Japan's first openly gay male member of parliament vows to legalise same-sex marriage". Gay Times.
  92. ^ Navlakha, Meera (24 July 2019). "Japan's First Openly Gay Parliament Member Promises to Legalize Same-Sex Marriage". Vice News.
  93. ^ Wakefield, Lily (24 July 2019). "Japan elects gay lawmaker who is 'sure' marriage equality will happen". Pink News.
  94. ^ Fabre, Olivier (19 June 2019). "Liberal Democratic Party and tradition may stymie push for same-sex marriage in Japan". Retrieved 25 June 2019 – via Japan Times Online.
  95. ^ "Japan's conservative ruling party cites 'gay rights' in manifesto in bid to burnish image overseas". South China Morning Post. 7 July 2016. Retrieved 7 October 2017.
  96. ^ "Tomomi Inada's uphill battle to 'promote understanding' of LGBT issues in Japan". The Japan Times. 21 March 2019.
  97. ^ "Japan becomes first country in the world to elect transgender man to a public office". Independent.co.uk. 18 March 2017. Retrieved 8 April 2018.
  98. ^ Reynolds, Isabel; Nobuhiro, Emi (6 October 2017). "Japan's Opposition Unveils 'Yurinomics' Platform to Challenge Abe". Bloomberg. Retrieved 6 October 2017.
  99. ^ 坂田奈央 (11 February 2019). "ＬＧＢＴ 気軽に言える環境づくりを 京都・亀岡市議選トップ当選 赤坂マリアさん". Tokyo Shimbun. Archived from the original on 14 February 2019. Retrieved 18 April 2019.
  100. ^ "Japan's first transgender prefectural assembly member elected in Hokkaido". Mainichi Shimbun. 9 April 2019. Retrieved 10 April 2019.
  101. ^ "Constitutional Democrats unveil campaign promises - NHK WORLD-JAPAN News". NHK WORLD. Archived from the original on 24 June 2019. Retrieved 25 June 2019.
  102. ^ "Japan's ruling party accused of violating Olympic charter over LGBT rights". The Guardian. 24 May 2021. Retrieved 24 May 2021.{{cite web}}: CS1 maint: url-status (link)
  103. ^ "LDP panel booklet calling homosexuality a 'mental disease' sparks backlash in Japan". Mainichi Daily News. 7 July 2022.
  104. ^ Yamaguchi, Mari (17 March 2021). "Japan court says same-sex marriage should be allowed". Associated Press.
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