Japan Still in the Dark Ages on Gay Rights

When Aki and Hikari were looking to rent a house together in Tokyo, they were told by real estate agents that the places they liked "were for couples".  "We are a couple," they would respond. The answer they were given: "This is a house for a man and woman couple."  The women, both in their 30s, have been together for seven years - now they are mothers to a baby.  Yet, in the eyes of the law, the government and a conservative Japanese society, they're not a legitimate couple. Despite the support around them, they have kept their relationship a secret from many people. It's why they don't want to reveal their real names. They say they are being extra-cautious for their son given that taboos around same-sex couples still persist. "We're not recognized as a family of three," Aki says.

Japan is the only G7 country not to fully recognize same-sex couples or offer them clear legal protection, leaving the country's LGBTQ+ community feeling vulnerable and nearly invisible.  Pressure has been growing to legalize same-sex unions after several district courts ruled that a ban on them was unconstitutional. But Prime Minister Fumio Kishida has struggled to pass reforms in the face of opposition from traditionally-minded political leadership. Some municipalities have introduced partnership certificates, but they are not legally binding. A new government post that mainly focuses on LGBTQ+ rights has been created, and a new law targets discrimination against sexual minorities.

But the LGBTQ+ community is disappointed because the law, which met stiff opposition from conservative lawmakers, stops well short of recognizing marriage equality. Activists were also infuriated because of language in the bill which said that in taking measures to "promote understanding" of sexual minorities, "all citizens can live with peace of mind".  It drew angry reactions from critics who say it prioritised the rights of the majority, and implied that the existence of the LGBTQ+ community could be a threat to others' peace of mind.  "There are already many politicians that want to use this law as a deterrent to restrict education and activities at schools and companies - so I'm very afraid of those intentions," says Akira Nishiyama, deputy secretary general of the Japan Alliance for LGBT Legislation.

Same-sex couples like Aki and Hikari say the lack of legal recognition is far from an abstract concern - it makes life harder for them every day. One of the things they are struggling to get used to, for instance, is the fact that only Aki, who gave birth, has parental rights. "When I gave birth, I wrote a will to appoint my partner as our son's legal guardian in case I died during labour. And even that didn't guarantee her custody," Aki says.  If one of them is hospitalized, the other has no legal right to fill paperwork or sign consent forms on her partner's behalf. Many couples cannot get a joint mortgage to buy a house. And if one partner dies, the other has no right to inherit.