Japan’s incoming prime minister is expected to encounter increased demands from the LGBTQ+ community and courts to enhance protections for sexual minorities, including the potential legalisation of same-sex marriage. However, most contenders for the leadership role have remained reserved on the topic.
Out of the nine candidates vying for the presidency in the ruling Liberal Democratic Party’s election on Friday, only Digital Minister Taro Kono has openly supported legalising same-sex marriage, as revealed in a survey by the Japan Alliance for LGBTQ+ Legislation.
Former Defence Minister Shigeru Ishiba indicated that he would consider relevant court rulings when addressing the issue, while former Environment Minister Shinjiro Koizumi declined to comment, citing party instructions as the reason.
The remaining six candidates did not respond by the September 18 deadline.
“It is extremely regrettable that many did not respond,” remarked Yuichi Kamiya, secretary general of the organisation, which aims to dismantle social barriers based on sexual orientation and gender identity.
The survey results highlighted a stark contrast with the positions taken by candidates in the main opposition party, the Constitutional Democratic Party of Japan (CDPJ). All four contenders in its leadership race expressed support for same-sex marriage ahead of Monday’s election, which was won by former Prime Minister Yoshihiko Noda.
“The endorsement by the four CDPJ candidates was encouraging,” stated Gon Matsunaga, director of Marriage For All Japan, a group advocating for the legalisation of same-sex marriage. For those who refrained from responding, Matsunaga argued that their silence “reflects their stance” on the issue.
“I want legislators to ensure a remedy for human rights violations,” Matsunaga added.
Japan remains the only major industrialised nation within the Group of Seven (G7) that has not recognised same-sex marriage or civil unions, despite mounting pressure from the LGBTQ+ community and their supporters.
The Japanese courts have also challenged the government’s position on the matter, with a high court ruling in March declaring the current lack of legal recognition unconstitutional as it breaches the right to equality.
The court further argued that Article 24, which stipulates that marriage must be based on mutual consent of “both sexes,” could be interpreted to guarantee marriage between same-sex couples as well.
In response to the lawsuits, the government has maintained that the Constitution presupposes marriage as an institution exclusively for heterosexual couples.
In June last year, the Japanese parliament passed legislation aimed at promoting understanding of sexual minorities and eliminating “unfair discrimination” based on sexual orientation. However, conservative LDP members, who prioritise what they consider to be traditional family values, opposed the bill.
Another contentious issue in Japan is whether to allow married couples to have separate surnames. Both Koizumi and Kono have endorsed the proposal, which also has the support of Japan’s largest business federation.
Ishiba has expressed personal agreement with the idea but emphasised the need to gather public opinion, while conservative candidates like Sanae Takaichi have voiced strong opposition.
Currently, the Civil Code mandates that married couples share the same surname, with most couples opting for the husband’s name. The United Nations’ Committee on the Elimination of Discrimination against Women has criticised this law as discriminatory against women.
