Same-sex Marriage In Japan Is Off The Table, A Setback for Queer Rights Abroad

Same-sex Marriage In Japan Is Off The Table, A Setback for Queer Rights Abroad

Things continue to get worse in terms of politics and queer rights, even around the world. Last week, a high court in Japan ruled that the ban on same-sex marriage was constitutional and valid. This is an unfortunate precedent set for other courts that were possibly considering overturning the ban. Now that a high court has made its ruling, it will go to Japan's Supreme Court next year. The outcome is not optimistic. Although Asia is pretty resistant to same-sex marriage (it's only legal in Thailand, Taiwan, and Nepal), Japan is the only G7 country that does not recognize queer couples; there are currently no legal protections at all to protect these folks.

One of the female plaintiffs made a statement outside of the court: "What is justice? Was the court even watching us? Were they considering the next generation?" Amnesty International got involved and stated that the ruling was a "damaging step backwards on same-sex marriage." Another plaintiff told reporters, “We only want to be able to marry and be happy, just like anyone else. I believe society is changing. We won’t give up.”  Judge Ayumi Higashi ruled on the case and determined that the legal definition of a family is a unit between a couple and their children, making the exclusion of same-sex marriage lawful.

What is disappointing about this outcome is that there were five other cases brought to court between 2019 and 2021, calling for a dissolution of the gay marriage ban. Judges in those five cases found the ban unconstitutional, making it seem like the nation was on its way to legalizing queer marriages.

There are no legal protections for queer folk in Japan. The queer community can be discriminated against when it comes to school, work, medical, among other areas of citizenship. Some anti-discrimination policies exist on a city level, including Tokyo. Research has shown that Japan's public opinion of same-sex marriages has increased in favorability. The business community has also come to approve of such couplings, no doubt because an increase in marriage ceremonies helps the economy. The biggest obstacle in regards to same-sex marriage is Japan's leading political party, the conservative Liberal Democratic Party.

Tokyo Pride has reported increased attendance since its establishment in 2012. Activists attribute the increased acceptance of LGBTQ folk to the younger generations, who have a more open idea towards lifestyle, not weighted down by conservative thoughts or religion.

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