- Homosexuality⚢✔ Legal
- Marriage⚭✖ Unrecognized
- Changing Gender✔ Legal, but requires surgery
- AdoptionAmbiguous
- Discrimination✖ No protections
- Employment Discrimination✖ No protections
- Housing Discrimination✖ No protections
- MilitaryAmbiguous
- Donating Blood✖ Banned (6-month deferral)
- Age of Consent✔ Equal
- Conversion Therapy✖ Not banned
Public Opinion
By The Numbers
78.4%
of Japanese, ages 20-59, support legalization of same-sex marriage
(Dentsu, 2019)
8.9%
of Japanese people, age 20 to 59, identify as LGBT
(Dentsu, 2018)
42.3%
of Japanese adults support or somewhat supported same-sex marriage
(Nihon Yoro Chosa-kai, 2015)
7.7%
of Japanese people between 20 and 59 identify as LGBT
(Dentsu (online survey), 2015)
History
Unrecognized
Civil unions in some cities. Nationwide civil unions and gay marriage pending.
Current status
(since May 3, 1947)
(since May 3, 1947)
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".
Current status
Ambiguous
The United States State Department states: "there are no laws regulating or addressing same-sex couples adopting in Japan, but there have been no known cases of this happening."
Illegal
Full discrimination protections. Missing Housing Discrimination protections.
Current status
(since May 3, 1947)
(since May 3, 1947)
No protections
Japan does not have LGBT protections from discrimination in employment, housing, etc. The Japanese Constitution promises equal rights to all and this is widely interpretted as extending to LGBT citizens.
Current status
No protections
In a 2008 report by the UN Human Rights Committee, they expressed concern about discrimination against LGBT people in several areas, including housing. According to Article 23(1) of Japan’s Public Housing Law, it only applies to married and unmarried different-sex couples. However, in October of 2012, the Japanese government stated that Article 23(1) was abolished and, therefore, same-sex partners were no longer excluded.
However, the Human Rights Committee report states that in reality, "municipalities decide who can rent public houses under the amended Public Housing Law and few municipal policies allow same-sex couples to qualify. Thus, in practice same-sex couples remain excluded from public housing."
However, the Human Rights Committee report states that in reality, "municipalities decide who can rent public houses under the amended Public Housing Law and few municipal policies allow same-sex couples to qualify. Thus, in practice same-sex couples remain excluded from public housing."
Current status
(since May 3, 1947)
(since May 3, 1947)
Ambiguous
The Japanese do not have a 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.
Current status
(since Apr 1, 2011)
(since Apr 1, 2011)
Banned (6-month deferral)
Red Cross Japan reduces deferral for high HIV risk individual from 12 months to 6 months.
Current status
(since May 3, 1947)
(since May 3, 1947)
Equal
The national age of consent is 13 for both same-sex couples and opposite-sex couples. Cities and prefectures may set higher ages of consent.
Current status
(since Jun 9, 2015)
(since Jun 9, 2015)
Not banned
Conversion therapy ban pending.