Japan expands legal rights for same-sex couples under additional laws

The Japanese government has broadened the scope of legal protections afforded to same-sex couples. Effective this week, nine additional laws and ordinances will recognize same-sex partnerships as equivalent to "de facto marriages," including provisions related to disaster condolence grants.

This decision follows a landmark Supreme Court ruling in March 2024, which affirmed that same-sex couples are entitled to similar legal considerations as married couples under the Crime Victim Benefit Law.

As reported by Japan Times, the expansion builds upon a decision made in January of this year, which extended 24 laws and ordinances to include same-sex partners, encompassing areas such as spousal violence prevention, land and building leases, child abuse prevention, and public housing.

While these developments mark significant progress, approximately 120 laws and ordinances, particularly those concerning taxation and social security, continue to exclude same-sex couples.

The constitutional definition of marriage in Japan remains a "mutual consent between both sexes". However, three of eight regional high courts have ruled that the government's failure to legally recognize same-sex unions is unconstitutional.

Despite these legal challenges, the power to grant marriage equality rests with the National Diet, Japan's legislature, which has yet to address the issue.

In a December ruling, Judge Takeshi Okada stated that civil laws forbidding same-sex marriage violate the nation’s constitution. Prime Minister Shigeru Ishiba has expressed support for marriage equality, stating that it would "make the nation happier."

With approximately 70% of the Japanese population in favor of marriage equality, this recent decision suggests a potential shift in the government's stance, moving towards greater inclusivity and legal recognition for LGBTQ+ individuals and couples.

Japan remains the only member of the G7 nations without legal protections for same-sex unions. Advocates hope that these recent developments will pave the way for full marriage equality in the future.