Tokyo The Japanese government struggles with equality for same-sex civil partnerships. On Friday, a parliamentary committee with the votes of the governing coalition and two opposition parties approved a law intended to help understand “sexual orientation and gender identity”.
But compared to the equality policies in large Western countries, Japan lags far behind. For the time being, Japan remains the only G7 country where same-sex marriages are not allowed. Visiting rights in hospitals or the joint purchase of an apartment are therefore difficult. At the same time, social awareness of the topic is growing in Japan.
The companies are further ahead than the state. For example, ANA, the country’s largest airline, has made same-sex partnerships equal in its internal rules and social plans. Airline customers can earn miles together like recognized spouses.
37 large corporations have joined the “LGBT-Ally” project, which aims to raise awareness of the issue in companies and society. Measures include supporting parades and setting up advice centers in companies.
Tokyo’s Shibuya Ward has been issuing “partnership certificates” to same-sex couples for years. These should enable those affected to be treated like other married couples, for example in hospitals and with apartment landlords. However, they are not legally binding.
Also, courts disagree about marriage for all
The society stands behind such measures. 71 percent are in favor of marriage for all. In parliament, however, only 41 percent of politicians are in favor of it. Corresponding legislative proposals failed.
Parallel to Parliament, the courts are arguing about the issue. In the past few years, homosexual couples have filed six lawsuits against the state for unequal treatment. Only one court saw no violation of the constitution, two a weaker “unconstitutional state”. Because the Japanese constitution states that marriage is based on the “common consent of both sexes”. However, four courts pointed out that other constitutional principles were violated.
The courts agreed that legal regulations similar to marriage should be created for homosexual partnerships. The new law doesn’t do that. Markus Winter and Takuya Nozawa, who have been living together in Tokyo for ten years, say: “That’s just hot air, legally nothing will change for us on important issues.”
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