Recent events have brought the discussion on the acceptance of the LGBTQ community to the forefront of Japanese politics. The aide to Prime Minister Fumio Kishida made a homophobic comment in a meeting with reporters, which has led the prime minister to push a bill aimed at preventing discrimination against the LGBTQ community. This move comes ahead of the Group of Seven summit in May, where Japan, as the host, will be the only member that doesn’t permit same-sex marriage.
Despite opposition from some factions of the ruling Liberal Democratic Party, polling shows a rapid shift in public opinion in favor of same-sex partnerships. Furthermore, some 65% of the Japanese population live in areas that have LGBTQ partnership systems, which provide non-legally binding recognition that enables couples to receive equal treatment in housing and healthcare. Large companies, including Sony Group and Toyota Motor, are also adjusting their benefit policies to match. However, recognizing marriage itself remains distant, with a major sticking point being Article 24 of the U.S.-written Constitution.
Opinion is divided on whether reform of the Constitution is actually required to legalize same-sex unions. While the language might seem unambiguous, proponents argue that other parts of the text, such as the anti-discrimination clause in Article 14, provide more than enough justification. Others have different goals, which could make changing the Constitution a contentious issue. In this context, it is worth noting that the Kishida government has avoided declaring a stance one way or the other.
The best way forward may be to follow the example set by Ireland, which became the first country in the world to legalize marriage equality through popular vote in 2015. This move was put into place by a constitutional convention, a cross-party assembly of politicians and citizens established by the government to consider how to tackle growing constitutional issues. Kishida could advocate for the establishment of a similar body to bring the debate further into the open.
Of course, such a move is not without its challenges. The average age of the population skews much younger in Ireland than in Japan, which could affect the outcome of any potential referendum. Nevertheless, a failed attempt at constitutional reform would invigorate the conversation on the subject of equality. Changing the Constitution might be taboo in Japan, but like same-sex marriage, it need not be.