Japan parliament passes watered-down LGBT understanding bill that allegedly gives way to bigotry

Edited By: Moohita Kaur Garg
Tokyo, Japan Updated: Jun 16, 2023, 05:35 PM(IST)

Public opinion polls indicate that approximately 70 per cent of the Japanese public supports same-sex marriage. However, Prime Minister Fumio Kishida's conservative ruling party opposes it. In February, Kishida dismissed an aide who made offensive remarks against same-sex marriage, generating widespread outrage. Photograph:( Reuters )

Story highlights

The original draft of the bill stated that discrimination based on sexual orientation and gender identity should be "not tolerated," but it was modified to "there should be no unfair discrimination." Critics argue that this change in wording implicitly allows for discrimination and bigotry

Amid controversy and criticism, Japan passed a bill on Friday aimed at promoting understanding of the LGBT community. However, the legislation has faced backlash for lacking human rights guarantees and potentially perpetuating certain forms of discrimination.

Japan's bill on the LGBT community

Japan is the only Group of Seven (G7) country without legal protection for same-sex unions, initially committed to passing the law before hosting the G7 leaders' summit slated to happen from May 19 to May 21. 

However, disputes over the bill's content and wording resulted in it being submitted to Parliament for consideration on the eve of the summit.

Also read | Japan's Fukuoka district court says ban on same-sex marriage ‘in a state of unconstitutionality’

Despite some lawmakers from the ruling Liberal Democratic Party deviating from party directives and either abstaining or leaving during the voting, the bill was ultimately approved by the more influential lower house on Tuesday.

A watered-down bill

The original draft of the bill stated that discrimination based on sexual orientation and gender identity should be "not tolerated," but it was modified to "there should be no unfair discrimination." Critics argue that this change in wording implicitly allows for discrimination and bigotry.

"Although the original bill was not particularly significant, I believed it was better than nothing," said Takeharu Kato, a lawyer and member of the activist group "Marriage for all Japan," prior to the bill's passage. "But now I've started to think that having nothing at all might be better."

Same-sex marriage and Japan

Japan has faced pressure from other G7 nations, particularly the United States, to legalise same-sex marriage. 

Economic leaders have expressed concerns that Japan's international competitiveness could be hindered without greater diversity, including representation for the lesbian, gay, bisexual, and transgender communities.

Public opinion on same-sex marriages

Public opinion polls indicate that approximately 70 per cent of the Japanese public supports same-sex marriage. However, Prime Minister Fumio Kishida's conservative ruling party opposes it. In February, Kishida dismissed an aide who made offensive remarks against same-sex marriage, generating widespread outrage.

Also read | Japan court 'rescues' nation's LGBT community from 'hurt', says ban on same-sex marriage 'unconstitutional'

While more than 300 municipalities in Japan allow same-sex couples to enter partnership agreements, these agreements offer limited rights. Couples are unable to inherit each other's assets, obtain parental rights to each other's children, or even guarantee hospital visitation rights.

Marriages and Japan

Japan remains the only country among the Group of Seven nations that lacks legal protection for same-sex unions. The Japanese constitution defines marriage as something based on "the mutual consent of both sexes".

In recent months, Japan saw five separate court rulings on same-sex marriages. The most recent one made last month ruled that the non-recognition of same-sex marriage was "in a state of unconstitutionality". 

(With inputs from agencies)

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