Gay rights in Japan
Encyclopedia
Homosexuality
is legal in Japan. There are currently no laws against homosexuality, but there is no legal recognition of same-sex relationships
. Japanese culture and the major religions in Japan do not have a history of hostility towards LGBT individuals.
There are no explicit religious prohibitions against homosexuality in the traditional religions of Japan: Shintoism, Buddhism, or Confucianism. Sodomy
was first criminalized in Japan in 1873, in the early Meiji era, to comply with the newly-introduced beliefs of Western Culture
and Qing legal codes. But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the Napoleonic Code
. Since then, Japan has had no laws against homosexuality. Thus, sex among consenting adults
, in private, regardless of sexual orientation and/or gender, is legal under Japanese law.
However most cases of discrimination on the basis of sexual preference remain relatively uncommon in Japan. Gay, lesbian, and transgender teachers in all levels of education come out in their jobs without it leading to any problems. Similarly, the army (euphemistically called self-defense forces), when being asked about their policy toward gays and lesbians following the U.S. debate during the Clinton presidency, answered that it was not an issue, and individuals within the forces indicated that as long as same-sex relations did not lead to fights or other trouble, there were few, if any, barriers to their inclusion in the armed services.
The Japanese constitution promises equal rights and is interpreted to prohibit discrimination on all grounds. However, existing legislation, such as article 23(1) of the Public Housing Law, effectively bars same-sex couples' access to public housing. Homosexual, lesbian and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law. Same-sex partners are excluded from the Law for the Prevention of Spousal Violence and the Protection of Victims and generally lack safe places where they can seek help and support. Japan is a party to the United Nations International Covenant on Civil and Political Rights (ICCPR), which also comprehensively bans discrimination.
While the Equal Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity.
In 1997, the group OCCUR (Japan Association for the Lesbian and Gay Movement) won a court case against a Tokyo government policy that barred gay and lesbian youth from using the "Metropolitan House for Youth." While the court ruling does not seem to have extended to other areas of government-sponsored discrimination, it is cited by the courts as a civil rights case, and the city government of Tokyo has since passed legislation banning discrimination in employment based on sexual identity.
, a Japanese baseball pitcher, joined the American Cleveland Indians
and not long afterwards it was widely reported in the press that, as a University student, he and some of his team mates had appeared in a gay pornographic film. In a press conference, organized by his team, he stated that he acted in the film only for the money and that he is not gay. After four years in Major League Baseball
, he was released from Sacramento River Cats
. On 2007 draft, he was drafted by Hokkaido Nippon-Ham Fighters as the first round pick http://sports.espn.go.com/mlb/news/story?id=1720362.
to change their legal gender.
In 1994 the then Foreign Minister Koji Kakizawa stated in an Shokun! magazine interview that he was opposed to his party simply calling themselves the Liberals, because it might lead people to believe that they supported "homos".
In 2001 The Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation
be included in the nation's civil rights code, but the Diet
has refused to adopt the recommendation.
In 2003 Aya Kamikawa
became the first openly transgender
politician to be elected to public office in Japan, Tokyo's municipal assembly. She initially ran as an Independent but expressed support for the now defunct Rainbow and Greens
Party of Japan and later unsuccessfully ran for the national parliament as a member of the Democratic Party of Japan.
In 2005 Kanako Otsuji
, from the Osaka Prefectural Assembly, became the first gay politician to formally come out at the Tokyo Gay Pride Festival.
In 2011, Taiga Ishikawa
became the first openly gay candidate elected to office in Japan, specifically as the representative for the local assembly for Toshima Ward http://www.tokyomango.com/tokyo_mango/2011/05/taiga-ishikawa-is-japans-first-openly-gay-elected-official.html. The thirty-six year old, gay man publicly came out in his book, "Where Is My Boyfriend" (2002) and started a non-profit organization that sponsors social events for gay men in Japan.
In March 2009 Japan Today
reported that the Justice Ministry plans to allow Japanese nationals to marry same-sex partners in countries where same-sex marriage is legal. The ministry will issue certificates necessary for such marriage of Japanese citizens and foreigners, the sources said, adding the ministry will soon convey the decision to its legal affairs bureaus across the nation, the sources said. Though the marriage will not necessarily be legally recognised within Japan, allowing its citizens to marry same-sex partners overseas is seen by some as a first step toward eventual legalization of gay marriage in Japan. Also, should this law pass, Japan would be the first Asian country in modern history to legally allow same-sex marriage within its borders.
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
is legal in Japan. There are currently no laws against homosexuality, but there is no legal recognition of same-sex relationships
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. Japanese culture and the major religions in Japan do not have a history of hostility towards LGBT individuals.
Age of sexual consent legislation
The age of consent in Japan is 13 years old under the Japanese national criminal law code. However, all municipalities and prefectures have their own particular laws such as Tokyo’s “Youth Protection Law” which prohibit adults from having sex with youths who are under 17 years old. As an added note, even though the age of consent in Japan can be 13, the age of majority is 20 for voting. The age of adulthood is considered 20 and driving age is 18. Japan’s “Prostitution Prevention Act”(1958) only prohibts actual sexual intercourse (or sex controlled by organized crime). That law defines as That law defines as “true” sexual conduct between men and women, and not to “imitation” between same sex persons, so homosexual prostitution is not prohibited directly.There are no explicit religious prohibitions against homosexuality in the traditional religions of Japan: Shintoism, Buddhism, or Confucianism. Sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
was first criminalized in Japan in 1873, in the early Meiji era, to comply with the newly-introduced beliefs of Western Culture
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
and Qing legal codes. But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
. Since then, Japan has had no laws against homosexuality. Thus, sex among consenting adults
Ages of consent in Asia
The ages of consent for sexual activity vary by jurisdiction across Asia. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject...
, in private, regardless of sexual orientation and/or gender, is legal under Japanese law.
Civil Rights
Sexual orientation is not protected by national civil rights laws, which means that LGBT Japanese have no legal recourse when they face such discrimination in such areas as employment, education, housing, health care, banking and public accommodations.However most cases of discrimination on the basis of sexual preference remain relatively uncommon in Japan. Gay, lesbian, and transgender teachers in all levels of education come out in their jobs without it leading to any problems. Similarly, the army (euphemistically called self-defense forces), when being asked about their policy toward gays and lesbians following the U.S. debate during the Clinton presidency, answered that it was not an issue, and individuals within the forces indicated that as long as same-sex relations did not lead to fights or other trouble, there were few, if any, barriers to their inclusion in the armed services.
The Japanese constitution promises equal rights and is interpreted to prohibit discrimination on all grounds. However, existing legislation, such as article 23(1) of the Public Housing Law, effectively bars same-sex couples' access to public housing. Homosexual, lesbian and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law. Same-sex partners are excluded from the Law for the Prevention of Spousal Violence and the Protection of Victims and generally lack safe places where they can seek help and support. Japan is a party to the United Nations International Covenant on Civil and Political Rights (ICCPR), which also comprehensively bans discrimination.
While the Equal Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity.
In 1997, the group OCCUR (Japan Association for the Lesbian and Gay Movement) won a court case against a Tokyo government policy that barred gay and lesbian youth from using the "Metropolitan House for Youth." While the court ruling does not seem to have extended to other areas of government-sponsored discrimination, it is cited by the courts as a civil rights case, and the city government of Tokyo has since passed legislation banning discrimination in employment based on sexual identity.
Celebrities
In 2003 Kazuhito TadanoKazuhito Tadano
is a right-handed pitcher for the Hokkaido Nippon Ham Fighters in Japan's Pacific League. He had previously pitched in Major League Baseball for the Cleveland Indians.-Biography:...
, a Japanese baseball pitcher, joined the American Cleveland Indians
Cleveland Indians
The Cleveland Indians are a professional baseball team based in Cleveland, Ohio. They are in the Central Division of Major League Baseball's American League. Since , they have played in Progressive Field. The team's spring training facility is in Goodyear, Arizona...
and not long afterwards it was widely reported in the press that, as a University student, he and some of his team mates had appeared in a gay pornographic film. In a press conference, organized by his team, he stated that he acted in the film only for the money and that he is not gay. After four years in Major League Baseball
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...
, he was released from Sacramento River Cats
Sacramento River Cats
The Sacramento River Cats is a minor league baseball team based in Sacramento, California. The team plays in the Pacific Coast League and is the Triple-A affiliate of Major League Baseball's Oakland Athletics....
. On 2007 draft, he was drafted by Hokkaido Nippon-Ham Fighters as the first round pick http://sports.espn.go.com/mlb/news/story?id=1720362.
Transgender issues
In 2008, a law was passed allowing transgender people who have gone through sex reassignment surgerySex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
to change their legal gender.
Political support
LGBT-rights are rarely discussed or debate publicly and most political parties do not make any formal position, in favor of or in opposition, to LGBT-rights in their party's platform or manifesto.In 1994 the then Foreign Minister Koji Kakizawa stated in an Shokun! magazine interview that he was opposed to his party simply calling themselves the Liberals, because it might lead people to believe that they supported "homos".
In 2001 The Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
be included in the nation's civil rights code, but the Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
has refused to adopt the recommendation.
In 2003 Aya Kamikawa
Aya Kamikawa
) is a Tokyo municipal official, the first transsexual person to seek elected office in Japan. She was elected in April 2003. Kamikawa, a 35-year-old writer, submitted her election application papers with a blank space for "sex."...
became the first openly transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
politician to be elected to public office in Japan, Tokyo's municipal assembly. She initially ran as an Independent but expressed support for the now defunct Rainbow and Greens
Rainbow and Greens
Rainbow and Greens , was a Green political organization in Japan from 1998–2008. It was a nationwide network of prefectural assembly members, usually running on local platforms variously named as "living citizen network", "living club", "living cooperative" or the Rainbow and Greens 500-Member List...
Party of Japan and later unsuccessfully ran for the national parliament as a member of the Democratic Party of Japan.
In 2005 Kanako Otsuji
Kanako Otsuji
is a Japanese LGBT rights activist and former member of the Osaka Prefectural Assembly . One of only seven women in the 110-member Osaka Assembly, Otsuji represented the Sakai-ku, Sakai City constituency.- Early life :...
, from the Osaka Prefectural Assembly, became the first gay politician to formally come out at the Tokyo Gay Pride Festival.
In 2011, Taiga Ishikawa
Taiga Ishikawa
is a Japanese politician and LGBT activist. He became the first openly gay male politician to win an election in Japanese history when he was elected in April 2011 to a seat in the Toshima ward assembly....
became the first openly gay candidate elected to office in Japan, specifically as the representative for the local assembly for Toshima Ward http://www.tokyomango.com/tokyo_mango/2011/05/taiga-ishikawa-is-japans-first-openly-gay-elected-official.html. The thirty-six year old, gay man publicly came out in his book, "Where Is My Boyfriend" (2002) and started a non-profit organization that sponsors social events for gay men in Japan.
Marriage
Articles 731-737 of the Japanese Civil Code restrict marriage to opposite-sex unions. Same-sex couples are not able to marry, and same-sex couples are not granted rights derived from marriage. Also same-sex marriages performed abroad are not legally recognized in Japan and bi-national same-sex couples cannot obtain a visa for the foreign partner based on their relationship.In March 2009 Japan Today
Japan Today
Japan Today is an online newspaper based in Tokyo, Japan. Launched in September 2000 Japan Today publishes original content in English such as interviews and news stories, as well as translations of articles from popular Japanese magazines and newspapers. They are hosted by GPlus Media Co. Ltd....
reported that the Justice Ministry plans to allow Japanese nationals to marry same-sex partners in countries where same-sex marriage is legal. The ministry will issue certificates necessary for such marriage of Japanese citizens and foreigners, the sources said, adding the ministry will soon convey the decision to its legal affairs bureaus across the nation, the sources said. Though the marriage will not necessarily be legally recognised within Japan, allowing its citizens to marry same-sex partners overseas is seen by some as a first step toward eventual legalization of gay marriage in Japan. Also, should this law pass, Japan would be the first Asian country in modern history to legally allow same-sex marriage within its borders.
See also
- Same-sex marriage in JapanSame-sex marriage in JapanSame-sex marriage is currently not legal in Japan, nor have serious steps been taken to introduce legislation.Article 24 of the Japanese constitution states that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal...
- LGBT rights in Asia
- Situation of homosexuals in the Japanese armed forces