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LGBT Rights in Japan

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Other type of partnership
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    Varies by Region
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    Ambiguous
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (6-month deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public opinion surveys in Japan have pointed to a varied attitude towards LGBTQ+ individuals.

Japan Surveys

Support for Same-Sex Marriage

of voters support the legalization of gay marriage
do not support it

Support for Same-Sex Marriage

(Dentsu, 2019)
Support the legalization of same-sex marriage (ages 20-59)

LGBT Demographics

(Dentsu, 2018)
of Japanese people, age 20 to 59, identify as LGBT

Support for Same-Sex Marriage

Adults support or somewhat supported same-sex marriage

LGBT Demographics

of Japanese people between 20 and 59 identify as LGBT

History

Homosexual activity in Japan

?

Homosexual activity in Japan is legal.

Current status
Since 1881
Legal
Anal sodomy was decriminalized in 1881 when the provision was dropped from Japan's Penal Code. It was eliminated by supervision of Gustave Boissonade, a French legal scholar who served as an advisor to develop the legal system in Japan.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
Illegal (other penalty)
Sodomy ("keikan") was criminalized in 1873 with article 266 of the Meiji Legal Code, however, it was hardly ever punished, with only 20 recorded instances of sodomy during 1876 to 1881.
Sources:
Homosexuality in Modern Japan: Cultural Myths and Social Realities by Mark J. McLelland
books.google.com/books?id=d… Male
iglhrc.org/sites/default/fi…
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Japan

?

Same-sex marriage in Japan is other type of partnership.

Current status
Since Oct 28, 2015
Other type of partnership
Japan only recognizes heterosexual marriages. Some prefectures offer "partnership oaths" for same-sex couples, but these do not grant significant legal rights.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

May 3, 1947–Oct 27, 2015
Unrecognized
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 rights of husband and wife as a basis".
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Japan

?

Censorship of LGBT Issues in Japan is no censorship.

Current status
No censorship
In Japan, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Sources:
In Japan, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in Japan

?

Right to change legal gender in Japan is legal, but requires surgery.

Current status
Since Apr 1, 2022
Legal, but requires surgery
Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 18 years of age, (2) not currently married, (3) no child less than 18 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.

On October 16th 2023, a Japanese transgender man won his case in court to allow him to change his legal gender without sterilization. The law was deemed unconstitutional. It remains to be seen what changes will be made to the law and when they will come in effect.
Added by Iwamoto  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 19, 2008–Mar 31, 2022
Legal, but requires surgery
Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child less than 20 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.
Added by Iwamoto  ·  1 accurate vote  ·  Report Error  ·  Log

Jul 16, 2004–Dec 18, 2008
Legal, but requires surgery
Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Japan

?

Legal recognition of non-binary gender in Japan is not legally recognized.

Current status
Not legally recognized
Non-binary gender is not legally recognized in Japan.

However, the city of Yokosuka recognizes the relationships of people of all genders, including "x-gender", the common term for non-binary in Japan.
Added by Meelis  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in Japan

?

LGBT discrimination in Japan is illegal.

Current status
Since 2018
Illegal
Housing discrimination is illegal in Japan, and employment discrimination is illegal in Tokyo, Ibaraki and Akita (Nationwide pending)
Added by Daniel455907  ·  1 accurate vote  ·  Report Error  ·  Log

Until 2018
Illegal
Housing discrimination is illegal in Japan, and employment discrimination is illegal in Tokyo, Ibaraki and Akita (Nationwide pending)
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Japan

?

LGBT employment discrimination in Japan is varies by region.

Current status
Varies by Region
While the Equal Employment 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. The Tokyo Metropolitan Government has passed legislation banning discrimination in employment based on sexual orientation and gender identity.

Companies in Japan consisting of ten or more employees are required to establish work regulations. In January 2018, the Ministry of Health, Labor and Welfare revised the Model Rules of Employment which "stands as the example framework for work regulations", to prohibit discrimination based on sexual orientation and "gender identification". Article 15 reads:

In addition to what are provided for from Article 12 to the preceding paragraph, employees are prohibited from any other forms of harassment at the workplace that are damaging to the work environment of other employees such as by way of speech or behaviour related to sexual orientation or gender identification.
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Japan

?

LGBT housing discrimination in Japan is sexual orientation and gender identity.

Current status
Since 2003
Sexual orientation and gender identity
Since autumn 2003, the Urban Renaissance Agency, the government agency that operates government housing has allowed same-sex couples to rent units the same way as heterosexual couples at any one of the over 300 properties that it operates. This opened the way for more such action, as the Osaka Government in September 2005 opened the doors of its government housing to same-sex couples.

In February 2018, the Ministry of Health, Labor and Welfare created provisions addressing discrimination in housing, stating that "consideration must be taken to not deny lodging on the basis of sexual orientation or gender identity."
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in Japan

?

Same-sex adoption in Japan is ambiguous.

Current status
Ambiguous
The US State Department states: "there are no laws regulating or addressing same-sex couples adopting in Japan."
It was reported in 2016 that many same-sex couples have been rejected by public authorities and are told “Children will never be fostered” by same-sex couples and “couples of friends are not accepted.”
There is however one documented case from 2016 of same-sex foster parents in Osaka.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in Japan

?

Serving openly in military in Japan is legal.

Current status
Since May 3, 1947
Legal
Japan has a Self Defense Force in place of a traditional military. There is no specific policy either banning or encouraging LGBT participation in the Self Defense Forces. Research by Sabine Fruhstuck has shown that many Japanese do not object to open LGBT service in the military provided it does not interfere with their performance.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Japan

?

Blood donations by MSMs in Japan is banned (6-month deferral).

Current status
Since Apr 1, 2011
Banned (6-month deferral)
Red Cross Japan reduces deferral for high HIV risk individual from 12 months to 6 months.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

2005–Apr 1, 2011
Banned (1-year deferral)
Gay men in Japan are banned from donating blood following one (1) year after male-male sexual contact. Japanese Red Cross opposses this practice.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Japan

?

Conversion therapy in Japan is not banned.

Current status
Not banned
There are no laws banning conversion therapy in Japan.
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Japan

?

Equal age of consent in Japan is equal.

Current status
Since May 3, 1947
Equal
The national age of consent is equal for both same-sex couples and opposite-sex couples. Cities and prefectures may set higher ages of consent.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log