Japan has recently enacted a law aimed at promoting understanding of the LGBT community, although critics argue that it falls short in providing concrete human rights guarantees. As the only Group of Seven (G7) nation without legal protection for same-sex unions, Japan had initially committed to passing this legislation prior to hosting a G7 summit. However, due to deliberations and disagreements surrounding the bill, it was only submitted to parliament for consideration the day before the summit commenced.
The initial draft of the law emphasized that discrimination based on sexual orientation and gender identity should “not be tolerated.” However, the wording was subsequently modified to state that “there should be no unfair discrimination,” which some critics argue might inadvertently encourage certain forms of discrimination. Despite the watering down of the bill, several members of Prime Minister Fumio Kishida’s ruling Liberal Democratic Party defied party directives and either boycotted or walked out of the vote in both the lower and upper houses of parliament.
One of the concerns expressed by opponents of the law is the potential for crimes committed by impersonators in women’s restrooms. Akiko Santo, a former president of the upper house, explained her boycott of the vote, stating, “It would be a very serious problem if this bill passed and the trend became that it was normal to accept anything.” This debate is taking place amidst pressure from other G7 nations, particularly the United States, for Japan to allow same-sex marriage.
Business leaders have voiced their fears that without greater diversity, including representation for lesbian, gay, bisexual, and transgender individuals, Japan may struggle to maintain international competitiveness, particularly as Tokyo aspires to position itself as a global financial center. Masahiko Kato, chairperson of the Japan Bankers Association and president of Mizuho Bank, emphasized the need to create an inclusive environment, stating, “As a financial institution, in order to achieve sustainable growth, it is essential to create an environment in which people with diverse backgrounds and values can play an active role.”
Opinion polls indicate that Japan’s public broadly supports same-sex marriage, while most local governments across the country allow same-sex partnership agreements that fall short of providing the full rights and benefits associated with marriage. Marriage for All Japan, an activist group, expressed their views on social media, noting that around 70% of the nation permits same-sex partnerships, and surveys indicate that over 70% of people favor same-sex marriage. The group further urged parliament and the government to take action.
While Prime Minister Kishida dismissed an aide earlier this year for making derogatory comments about same-sex marriage, he has not taken a definitive stance on the issue. He has emphasized that circumstances vary across nations and that discussions must proceed cautiously. Over the past two years, five court cases regarding same-sex marriage have been heard, with four courts ruling that the denial of same-sex marriage is either unconstitutional or nearly so, while one court held that the denial is consistent with the constitution.
In this evolving landscape, Japan grapples with the challenges of promoting understanding and acceptance of the LGBT community while striking a balance between diverse perspectives and human rights considerations. The recently enacted law represents a step forward, albeit amid controversies and criticisms. The journey towards full equality and protection for the LGBT community in Japan continues, driven by public support, pressure from global partners, and the ongoing discussions within the nation’s legislative and judicial systems.