Recognition Of Same-sex Unions In Japan

Japan does not recognize same-sex marriages or civil unions. It is the only country in the G7 that does not legally recognize same-sex unions in any form. Several municipalities and prefectures issue symbolic same-sex partnership certificates, which provide some benefits but do not offer any legal recognition. Most polls conducted since 2013 have found that a majority of Japanese people support the legalization of same-sex marriage or partnerships, and a 2018 poll found it supported by an overwhelming majority of those under age 60.

On 20 June 2022, a district court in Osaka upheld the constitutionality of the same-sex marriage ban. Previously, on 17 March 2021, a district court in Sapporo had ruled it unconstitutional, arguing that laws or regulations that deprive same-sex couples of the legal benefits of marriage constitute "discriminatory treatment without a rational basis" and as such violate Article 14 of the Constitution of Japan. The Sapporo court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not prohibit the recognition of same-sex marriages. While the Sapporo ruling did not legalise same-sex marriage in Japan, it was anticipated that it might have pressured the National Diet to act.

Partnership certification system

As of 23 December 2022, 241 municipalities and ten prefectures have established a "partnership oath system" ( ja, パートナーシップ宣誓制度, ', ), also known as "partnership certification system" (, '), which provides same-sex couples with some limited benefits. The couple is issued a special certificate which may be useful in matters such as housing, hospital visitation rights and consenting to surgery for a partner. However, the system is not legally binding and there is no legal obligation on landlords or hospitals to honour the couples' rights even if presented with a certificate, though cities have encouraged companies, hospitals and landlords to recognize the certificate. The various benefits provided by the system are also very limited in comparison to those granted to married couples; same-sex couples cannot inherit the estate and property of a deceased partner or attend the funeral of a deceased partner for instance. Partners must meet certain requirements, including living in the municipality or prefecture, being older than 20 years of age, and not having a spouse or another partner. 25 municipalities have also established a "partnership family system" (, '). This system also recognises the children of same-sex couples, and allows partners to make medical decisions for their child, and to pick up their children at schools and kindergartens (whereas previously only the biological parent was allowed to pick up the child). The first to establish this system was Akashi, Hyōgo in January 2021 followed by Tokushima in February 2021 and Adachi, Tokyo in April 2021.

Municipal partnership systems

On April 1, 2015, Shibuya in central Tokyo announced it would offer same-sex couples special "partnership certificates". While these licenses are not legally recognized as marriage certificates, they may be used in civil matters such as hospital visitation rights and housing. The Shibuya city office began accepting applications on 28 October 2015. In response to this action by the Shibuya city office, the "Special Committee to Protect Family Ties" (, ') of the federal ruling Liberal Democratic Party was formed in March 2015 to discuss the matter. An officer from the Ministry of Justice who was invited to comment stated that the action by Shibuya is legal because the certificate issued is not a marriage certificate and the current Japanese legal code does not prohibit the "partnership" of same-sex couples. In July 2015, Setagaya announced it would be joining Shibuya in issuing partnership certificates from 5 November. In November 2015, the special city of Takarazuka announced it would issue partnership certificates to same-sex couples beginning on 1 June 2016. In December 2015, the city of Iga in Mie Prefecture made a similar announcement, with certificates starting on 1 April 2016, and on 22 February 2016, Naha, the capital of Okinawa Prefecture, announced it would begin issuing partnership certificates to same-sex couples on 8 July 2016.

In April 2016, an LGBT rights group began a campaign for the official recognition of same-sex couples in Sapporo, the capital of Hokkaido Prefecture. The group took its petition to the Sapporo City Government in June 2016. In December 2016, officials announced that Sapporo planned to draw up guidelines by March 2017. In March, the City Government announced that partnership certificates would be issued to couples beginning on 1 June 2017. While the certificates hold no legal meaning, some insurance companies use them to allow same-sex partners to be added as beneficiaries. According to the city, about 1,500 people expressed opinions welcoming the program, while some opposed it. Sapporo became the first designated city in Japan to establish a partnership system. On 14 February 2018, the Fukuoka city office announced plans to start issuing partnership certificates to same-sex and different-sex couples from 2 April 2018. Osaka followed suit on 9 July 2018, and Chiba on 29 January 2019. Nakano began offering partnership certificates on 20 August 2018. Couples can receive notarized documentation recognizing a delegation agreement for medical treatment and nursing care, property management and other areas in which married couples share responsibility.

21 cities established a same-sex partnership system in 2019, notably Kitakyushu, Kumamoto, Miyazaki, Nagasaki, Sakai, Yokohama, and Yokosuka. 36 more cities followed suit in 2020, including Hamamatsu, Kawasaki, Kyoto, Minato, Nara, Niigata, Okayama, Sagamihara, Saitama, and Takamatsu, and 69 more cities in 2021, notably Adachi, Chigasaki, Fujisawa, Funabashi, Hiroshima, Kanazawa, Kōchi, Koshigaya, Nishinomiya, and Toyota.

Prefectural partnership systems

In January 2019, the Government of Ibaraki Prefecture announced it was considering introducing a partnership system for same-sex couples in April 2019. In March 2019, Governor Kazuhiko Ōigawa expressed his personal support for the introduction of such a scheme. The Ibaraki Prefectural Assembly began examing legislation to this effect in June 2019. The prefecture has offered partnership certificates since July 1, 2019, which made it the first prefecture to do so. Eight days later, Mito, the prefectural capital, announced that couples who are in the possession of the prefecture's certificates would be eligible to move into the municipality's public housing facilities, starting in August 2019.

On 15 January 2020, Osaka Prefecture announced it would start a partnership system on January 22. Governor Hirofumi Yoshimura said in a statement that "we should aim for a society where one can live as themselves". The first couple to receive a certificate were Shuji Yamada and Shigeo Hiruda on 31 January. The certificate allows couples to apply to move into prefectural housing and consent to surgery, among other limited benefits. Five cities in Osaka had already established such a system before it was extended to the entire prefecture. Gunma Prefecture announced on 5 November 2020 that it would introduce a partnership system by the end of the year. The system would provide same-sex couples with some limited recognition, including the right to move into prefectural housing and visit each other in hospitals. Governor Ichita Yamamoto said he hoped the move would "send a positive message" and "promote diversity". On 17 December, Yamamoto announced the system would be established on 21 December. The first certificate was issued to couple Saori Tanaka and Hisanagi Makita in Shibukawa on 24 December.

On 20 November 2020, Governor Eikei Suzuki announced his intention to introduce a partnership system before the end of the year. The system was introduced on 1 September 2021, with the first couple issued a certificate that same day in Tsu. Saga Prefecture started its partnership oath system a few days earlier, on 27 August 2021. Governor Yoshinori Yamaguchi praised the move. In November 2021, the government of Aomori Prefecture announced its intention to introduce a partnership system on 7 February 2022. A partnership oath system has also been in effect in Akita and Fukuoka prefectures since 1 April 2022. On 15 February 2022, Governor Tomikazu Fukuda of Tochigi Prefecture announced he would introduce a partnership system in fall 2022; it was established on 1 September 2022.

On 7 June 2021, the General Affairs Committee of the Tokyo Metropolitan Assembly unanimously accepted a petition, launched by LGBT activists and signed by 18,000 people, to establish a partnership system in Tokyo Metropolis. Governor Yuriko Koike expressed her support for the move, stating it would "respect the human rights of sexual minorities and promote the understanding of Tokyo citizens regarding diversity". The bill was enacted by the Metropolitan Assembly on 15 June 2022. It calls on businesses and other entities to treat same-sex partnerships as equal to married couples, allowing couples to access family-use housing and the right to visit their partners in hospital. At least one partner must be resident in Tokyo or a commuter for work. It came into force on 1 November, with applications being accepted from 10 October, making Tokyo the tenth prefecture to do so.

Governor Hajime Furuta of Gifu Prefecture announced on 10 December 2020 that he was considering establishing a partnership system in the prefecture. Governor Heita Kawakatsu of Shizuoka Prefecture announced on 1 September 2021 that he was also considering it by the end of 2022. The Deputy Governor of Toyama Prefecture voiced the same in December 2021.

The establishment of prefectural systems has often not precluded the subsequent establishments of municipal systems within the same prefecture.

Mutual recognition of certificates

On October 30, 2019, the cities of Fukuoka and Kumamoto announced they would recognize each other's partnership certificates effective immediately. This marked the first time that two or more jurisdictions in Japan had begun recognizing each other's certificates, easing recognition for same-sex couples. This means that if a same-sex couple with a certificate moves between both cities they need not reapply for a certificate in their new city. Since 1 April 2020, certificates from Kitakyushu and Koga are also recognized between the four cities. Certificates from Okayama, Nichinan, and Karatsu are also recognised in Fukuoka.

On December 2, 2019, the mayor of Yokosuka announced his intention to establish a joint recognition scheme with the fellow Kanagawa cities of Zushi and Kamakura, taking effect on 1 April 2020. Hayama joined the scheme on 1 July 2020, and Miura joined on 1 January 2021. In July 2020, Okayama and Sōja agreed to mutually recognize their certificates and eliminate the need for new procedures when couples move between the two cities. Okayama reached a similar agreement with Fukuoka in November 2020 and Hiroshima in January 2021. Hiroshima and Akitakata also mutually recognize their certificates. On 1 February 2022, a similar agreement took effect between Chigasaki, Fujisawa and Samukawa.

The cities of Chiba and Yokohama made a similar recognition agreement in January 2021, effective on 1 February 2021. In early April 2021, the cities and towns of Amagasaki, Ashiya, Inagawa, Itami, Kawanishi, Nishinomiya, Sanda and Takarazuka, all in Hyōgo Prefecture, agreed to recognize each other's certificates. Likewise, in May 2021, 12 municipalities in Tokyo, Adachi, Bunkyō, Edogawa, Fuchū, Koganei, Kokubunji, Kunitachi, Minato, Nakano, Setagaya, Shibuya and Toshima, agreed to mutually recognize their certificates. The cities of Katano and Hirakata decided to recognize each other's certificates in June 2021. Since then, numerous other cities have also established such mutual recognition schemes.

On August 18, 2022, Saga and Ibaraki prefectures announced they would recognize each other's partnership certificates, becoming the first prefectures to do so.

List

As of 23 December 2022, the following 241 municipalities and ten prefectures have established a partnership oath system, comprising about 65% of the Japanese population. In 25 further jurisdictions, such policies will soon take effect.

Prefectures

* Ibaraki (1 July 2019)
* Osaka (22 January 2020)
* Gunma (21 December 2020)
* Saga (27 August 2021)
* Mie (1 September 2021)
* Aomori (7 February 2022)
* Akita (1 April 2022)
* Fukuoka (1 April 2022)
* Tochigi (1 September 2022)
* Tokyo (1 November 2022)

Municipalities

* Shibuya, Tokyo (28 October 2015)
* Setagaya, Tokyo (5 November 2015)
* Iga, Mie (1 April 2016)
* Takarazuka, Hyōgo (1 June 2016)
* Naha, Okinawa (8 July 2016)
* Sapporo, Hokkaido (1 June 2017)
* Fukuoka, Fukuoka (2 April 2018)
* Osaka, Osaka (9 July 2018)
* Nakano, Tokyo

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