Despite international pressure, Japan remains the only country within the G7 to not officially allow same-sex marriage. Instead, many prefectures and wards offer partnership certificates for LGBT couples. Currently, 278 cities have adopted this system.
The partnership system has become widely adopted throughout Japan. (Source: nippon.com)
Though it is easy to think that the partnership system is on level ground as marriage, there are key differences that should be noted.
What is the same-sex partnership system?
According to the Tokyo Metropolitan Government,
“[...] the introduction of this system will help to spread understanding of gender diversity and sexual minorities, as well as to create a comfortable living environment by reducing difficulties in their lives.”
Same-sex couples can be given a special certificate that can be used for housing matters, hospital visitation rights and consenting to surgery for a partner. However, the system is not legally binding, and services will not be punished for not respecting those rights even when they are shown the certificates. Other problems include inheritance rights (same-sex couples cannot inherit the estate and property of a deceased partner without it being heavily taxed) and VISA troubles (for international couples where one partner is Japanese, the non-Japanese partner cannot get a Japanese VISA like a heterosexual married couple could).
To receive these partnership certificates, couples must be older than 20, live in a municipality or prefecture that offers these certificates, and not have another spouse or partner.
Some areas also provide a “partnership family system” which recognises the children of gay couples. The law also gives partners the right to make medical decisions for their children and to pick up their children from school or kindergarten, whereas previously only the biological parent was allowed to do so.
What are the key differences?
Legal Recognition
Same-sex marriage grants full legal recognition to the union, conferring all the rights and responsibilities that come with marriage, such as inheritance rights, adoption rights, and access to healthcare benefits. On the other hand, same-sex partnership systems provide a more limited set of rights and benefits compared to marriage. And as mentioned before, since they are not legally binding, services can still get away with not respecting the certificates without punishment.
Portability
Same-sex marriages are recognised across the entire country where they are legal, providing consistent rights and benefits regardless of the jurisdiction. Same-sex partnerships, on the other hand, are established under local partnership systems and may not be recognised outside of the specific municipality that offers the system.
However, things in this area are improving in recent years as more jurisdictions recognise each other’s certificates. For example, in October 2019, Fukuoka and Kumamoto announced that they would recognise each other's partnership certificates, becoming the first areas to do so. Cities such as Chiba, Yokohama, Shibuya and many more have also made similar agreements.
In August 2022, Saga and Ibaraki became the first prefectures in Japan to recognise each other's partnership certificates.
Symbolic Value
Same-sex marriage carries significant symbolic value as it represents the full recognition and acceptance of same-sex relationships by society and the government. It signifies equality and social progress. Same-sex partnership systems, while a step forward, may be seen as a compromise or interim measure that falls short of true equality and societal acceptance.
Social Perception and Stigma
Same-sex marriage helps to combat social stigma and discrimination by sending a clear message that same-sex relationships are equal to heterosexual relationships. In contrast, the existence of separate partnership systems may reinforce the notion that same-sex relationships are somehow different or lesser than heterosexual marriages, potentially perpetuating social stigma and inequality.
Furthermore, the existence of partnership systems is often used to tell gay people that they have enough. Some go as far as to say that same-sex couples should be satisfied with partnership systems and that fighting for same-sex marriage is greedy because gay people can’t have children.
Adoption Rights
Same-sex marriage typically grants the same adoption rights to same-sex couples as heterosexual couples. However, in Japan's same-sex partnership systems, adoption rights are not automatically extended to same-sex partners.
According to Rainbow Kids,
“Married couples are the only eligible applicants for a Japanese adoption. The country does not permit same sex marriage, partners, or single men or women to adopt children from Japan.” ”
This creates huge disparities in family rights and cuts opportunities for same-sex couples to form a family through adoption.
In Japan, there is often a stigma that you are not a “real family” unless you have kids. Putting the fact that this is a ridiculous concept aside, that means that same-sex couples can never be a “real family” because their rights to have children are quite literally taken away from them by law.
Why does Japan not offer same-sex marriage?
There are numerous organisations, such as Marriage For All Japan and Equal Marriage Alliance, that are fighting for the legalisation of gay marriage. However, there are still large obstacles that stand in the way.
The Constitution
Japan has what is called a “rigid constitution” – one that stands above the other laws in the country and which cannot be changed in the same way as ordinary laws. Since the Constitution of Japan was written up in 1946 after its defeat in World War II, the Constitution has remained unchanged. Thus, many people are adamant that it remains how it was drafted. Even if the government wanted to change it, the process is extremely difficult and arduous.
Japan’s view of LGBT rights
Though they are often noted as being one of the more LGBT-friendly countries, Japan is still conservative in many ways. Many people are fine (or claim to be fine) with those around them being LGBT, however, much fewer numbers are willing to advocate and fight for LGBT rights.
Furthermore, there are very few that are openly opposed to homosexuality in Japan. Though it is certainly a good thing that gay people are not being openly hate-crimed and being massacred on the street, it feels like there needs to be some large opposition for social movements to work. There needs to be an opposite extreme that pushes those who are on the fence to join the movement. Since Japan doesn’t have that extreme, the number of LGBT rights advocates is also low.
The importance of legally recognising same-sex marriage
As it goes without saying, LGBT people are people. Same-sex couples should be given every right that a straight couple might have. Legalising same-sex marriage is a matter of ensuring equal rights for all individuals, regardless of their sexual orientation. Denying same-sex couples the right to marry is a form of discrimination and a violation of their basic human rights.
Legal recognition of same-sex marriage helps foster a more inclusive and accepting society. It sends a powerful message that same-sex relationships are valued and respected, contributing to a more inclusive culture. By allowing same-sex couples to marry, Japan can promote societal acceptance and reduce stigma against the LGBTQ+ community.
Japan has an opportunity to position itself as a progressive and inclusive nation on the global stage. Many countries have already legalised same-sex marriage, and Japan's action in this regard would demonstrate its commitment to human rights and social progress. It could also encourage other nations in the region to consider similar reforms, promoting LGBTQ+ rights across Asia.
When discussing LGBT rights in this country, same-sex is always somewhere in the discussion. Let us hope that one day, the government sees the necessity of it and that people of all sexualities can happily marry.
Sources
“Growing Number of Japanese Municipalities Acknowledge Same-Sex Partnerships.” Nippon.Com, 1 July 2023, www.nippon.com/en/japan-data/h01497/.
“Japan Adoption.” RainbowKids.Com, www.rainbowkids.com/international-adoption/country-programs/japan. Accessed 2 Aug. 2023.
“Japanese Court Puts Same-Sex Marriage on the Nation’s Agenda.” Council on Foreign Relations, www.cfr.org/blog/japanese-court-puts-same-sex-marriage-nations-agenda. Accessed 2 Aug. 2023.
Kaneko, K. “An Outline of the Japanese Constitution.” The Atlantic, 24 May 2022, www.theatlantic.com/magazine/archive/1890/02/an-outline-of-the-japanese-constitution/633795/.
Murphy, Meg. “Tokyo’s Setagaya Ward to Begin Legally Recognizing Same-Sex Partnerships.” SoraNews24, 30 July 2015, soranews24.com/2015/07/31/tokyos-setagaya-ward-to-begin-legally-recognizing-same-sex-partnerships/.
“Partnership System Adoption Situation in Japan.” Partnership System for People, minnano-partnership.com/en. Accessed 2 Aug. 2023.
“Tokyo Partnership Oath System User Guide.” Tokyo Metropolitan Government, Apr. 2023, www.soumu.metro.tokyo.lg.jp/10jinken/base/upload/item/guide_en.pdf.
“明石市パートナーシップ・ファミリーシップ制度.” 明石市, www.city.akashi.lg.jp/seisaku/sdgs/partnershipfamilyship.html. Accessed 3 Aug. 2023.
“パートナーシップ宣誓制度自治体間相互利用.” 岡山市, www.city.okayama.jp/0000021905.html. Accessed 3 Aug. 2023.
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