LGBTQ in Japan: The State of the Law and Society

LGBTQ in Japan: The State of the Law and Society

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Japan LGBTQ progress
Picture: Canva
In 2024, Japan crept closer to equality and acceptance for LGBTQ people. However, full equality still remains out of reach for many.

Being LGBTQ in Japan comes with its own unique set of challenges. A majority non-Christian nation, the country doesn’t have some of the same intellectual and religious baggage that makes life hostile for LGBTQ people elsewhere.

Sadly, that still doesn’t guarantee equality in the eyes of the law – or one’s neighbors. On the plus side, however, recent years have seen an upswing in understanding of and support for gay, lesbian, bisexual, transgender, and queer people. Here’s a look at where Japan is today.

No marriage equality

Japan does not have marriage equality.

It is the only G7 country to not fully recognize same-sex couples. And a string of offensive incidents havenโ€™t helped the nationโ€™s image. Last year, a top minister claimed that he would not want to live next door to a same-sex couple or even see them. This comes on the heels of another Liberal Democratic Party politician blaming Japanโ€™s falling birthrate on the LGBTQ communityโ€™s โ€œfailure to breed.โ€

Stories abound of same-sex couples struggling to secure housing and childcare support. Indeed, recently, one Japanese lesbian couple revealed that the discrimination they faced in Japan was so bad that Canada awarded them refugee status.

What’s it like being LGBTQ+ in Japan?

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Still, the situation has changed substantially in the last decadeโ€”impressive considering Japanโ€™s typical glacial pace of change.

Partnership systems make it (slightly) easier to be LGBTQ in Japan

LGBTQ in Japan: Tweet on Fukuoka Prefecture fully recognizing partnership systems
Fukuoka’s partnership systems cover the entire prefecture. However, the rights conferred differ from city to city. (Source: X)

Since 2015, lawmakers have implemented new protective laws across the nation, and couples can now access same-sex partnership systems in all 47 prefectures, including 39 prefectural capitals, which cover around 72% of the population.

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Significantly, the Japanese Diet passed its first-ever law on sexual orientation and gender identity last June. As stated by the law, โ€œall citizens, irrespective of their sexual orientation and/or gender identity, are to be respected as individuals with inherent and inviolable fundamental human rights.โ€

The law further requires the government to create a plan to promote the understanding of sexual minorities and protect them from discrimination. However, legislators dropped language specifically recognizing transgender people after pushback from right-wing lawmakers.

Meanwhile, new court decisions out of Sapporo and Tokyo declare that the government ban on same-sex marriage is unconstitutionalโ€”a major step towards marriage equality. Similar court decisions were made out of Sapporo in 2021 and Nagoya in 2023.

Of course, marriage equality isnโ€™t the be-all-end-all. Nonetheless, the conservative nation is undoubtedly creeping closer toward acceptance and equalityโ€”a goal that still remains out of reach.

No deep-rooted or historical antagonism

Pre-modern Japan was accepting and encouraging of male homosexuality and bisexuality. Only after European Christian ideas of anti-homosexuality became introduced to Japan through its process of modernization in the Meiji period (1868-1912) did homophobic notions become commonplace.

Meanwhile, neither of the religions that are an integral part of Japanese belief and cultureโ€”Shinto and Buddhismโ€”oppose homosexuality particularly explicitly. Shinto and Buddhism actually both tend to view heterosexual intercourse as more defiling than homosexual acts.

Homosexuality became a large part of the samurai culture, where sexual relationships between men were seen as โ€œmutually ennobling.โ€ These beliefs spread to the middle class during the Edo Period and flourished until westernized elites started to spread opposing ideas during the late 19th century. So, while homophobia has its place in Japan, it has little to do with traditional Japanese ideas or long-held religious beliefs.

LGBTQ in Japan: Attitudes are both supportive and ambivalent

LGBTQ in Japan - Same sex couple with LGBTQ flag
Picture: polkadot / PIXTA(ใƒ”ใ‚ฏใ‚นใ‚ฟ)

The peculiar journey homosexuality has traversed in Japanese culture is reflected in contemporary attitudes about LGBTQ+ people.

As a major 2023 survey by Dentsu reveals, 9.7% of Japanโ€™s population identifies as gay, bi, asexual, aromantic, or questioning. 1.15% of respondents identify as transgender.

An impressive 84.6% of respondents said that they would accept without question friends or colleagues who have come out as LGBTQ in Japan. 60% of LGTBQ+ respondents said that they felt comfortable in their neighborhoods. At the same time, however, a certain ambivalence lurks.

Only 17% of respondents said they were trying to use supportive language such as โ€œpartner.โ€ Less than one-third said they were trying to learn more about LGTBQ+ issues. And around 30% said they wouldnโ€™t fully support their childโ€™s sexuality if their child came out as queer.

A different 2018 survey by Akita University showed that most Japanese simply donโ€™t care one way or the other about LGBTQ+ issues. More than two-thirds of respondents said that they have no opinion on homosexuality. Meanwhile, 17% felt uncomfortable about it, and 9% thought it was a good thing.

That same survey showed that 18% of respondents would be happy if someone in their family were queer, 48% wouldnโ€™t care one way or the other, 6% would be opposed, and 28% wouldnโ€™t know what to think. Itโ€™s important to recognize this ambivalence amidst bursts of positive news, like the poll showing that 72% of voters were in favor of implementing same-sex marriage.

New laws and systems offer granular progress

LGBTQ in Japan - Japanese and LGBT flag

2023โ€™s anti-discrimination law doesnโ€™t really have any teeth to it. Mostly, it obligates the government to come up with concrete measures in the future. As a result, it doesnโ€™t actually ensure LGBTQ individuals from discrimination. Employment and housing discrimination remain rampant.

In a similar manner, the new same-sex partnership systems that have emerged, while offering some pros, still feel very incomplete. Since these partnerships do not offer legal recognition as marriage, the system has to recreate some of the various benefits of marriage in a piecemeal way.

For example, couples can use municipal same-sex certificates for hospital visitation. Registered partners can receive notarized documentation to apply to matters such as medical treatment and property management. Other systems allow registered couples to access family-used housing. However, a number of key benefits still elude registered partnerships, including automatic inheritance, adoption, and spousal visas.

Niji Bridge estimates that 123,277 couples in Japan could marry under complete equality, highlighting the urgent need to move past partnership systems.

Transgender rights and recognition still fraught

As with elsewhere in the world, transgender people face an uphill battle in Japan.

On the plus side, a transgender man recently won a battle to legally change his birth gender without sexual reassignment surgery. The surgery is generally a requirement in Japan for a legal gender change. Another court granted another transgender man the same right and deemed the gender surgery law unconstitutional.

Other positive signs for trans people include a historical ruling recognizing discrimination against a trans employee and the advance of anti-discrimination efforts in Japanese offices.

However, recognition of transgender rights and acceptance remains inconsistent. For example, in a 2022 case, a transgender woman was denied parental rights for her own child.

LGBTQ in Japan: Safe spaces expand (sort of)

While attitudes are supportive, and most people keep to themselves, harassment and mistreatment on the basis of sexuality is anything but unheard of. At the same time, public displays of pride are limitedโ€ฆat least to certain areas.

Shinjuku Ni-chome is the beating heart of gay life in Tokyo. It has over 400 nightclubs, bars, and restaurants catering specifically to LGBTQ+ customers. Shinjuku also opened a permanent center for LGBTQ+ life, the Pride House.

Until very recently, the queer scene in Tokyo has mainly remained confined to this small area. But Ni-Chome is still an area often reported to exclude those who fall outside of narrow definitions of โ€˜gayโ€™ and โ€˜lesbianโ€™. As a result, several new queer nightclubs have opened outside of Ni-Chome in recent years in neighborhoods such as Hatagaya and Shibuya.

Explore Tokyo’s LGBTQ+ Scene: A Tour of the City’s Most Famous Gayborhood!

Welcome to our tour of the LGBTQ+ scene in Shinjuku Nichome, Tokyo! Come with us and get a first-hand look at all the vibrant culture this diverse neighborhood has to offer. From bars to clubs, to drag shows to karaoke, this tour will give you an up close and personal look at the incredible nightlife and culture of Tokyo’s LGBTQ+ scene.

Osaka also boosts a thriving LGBTQ+ scene. This has led to its recognition as a Featured Definition by the International LGBTQ+ Travel Association in 2021. Visit Gay Osaka, supported by the local government, has a comprehensive list of welcoming offerings.

The nightlife districts Susukino in Sapporo and Sumiyoshi in Fukuoka are two areas known to have small but consistent scenes. But overall, pickings are relatively rough and slim outside of Tokyo and Osaka.

All in all, the country has a unique ambivalence towards diverse sexualities, making it a challenge to be LGBTQ in Japan. As a result, the country is far from the LGBTQ capital of the world. However, substantive progress continues to pile up. Without a deep-rooted historical or cultural resistance, it may not be long until an equal and welcoming Japan blooms.

What to read next

Sources

Survey: 72% of voters in favor of legalizing gay marriages. Asahi Shimbun

Japan: Groundbreaking same-sex marriage rulings a long-awaited victory for LGBTI rights. Amnesty International

LDP lawmaker’s spectacularly offensive remarks further embarrass Japan. Nikkei Asia

ๆ—ฅๆœฌ็คพไผšใซใŠใ‘ใ‚‹LGBTใซๅฏพใ™ใ‚‹่ช่ญ˜ใจ ้€ๆ˜ŽๅŒ–ใฎใƒ—ใƒญใ‚ปใ‚น. Akita University

The Gay of the Samurai. Tofugu

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Eric Margolis

Eric Margolis is a writer, translator, and book editor based in Nagoya. His investigative features on Japan have been published in The Japan Times, The New York Times, Vox, Slate, and more.

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