LGBT rights in Japan

Homosexuality is legal in Japan. There are currently no laws against homosexuality, but there is no legal recognition of same-sex relationships.

Age of sexual consent legislation

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 But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the Napoleonic Code.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.

Prostitution

Prostitution is illegal under the 1958 "Prostitution Prevention Act" under the National Criminal Code. However, since homosexuality is not seen as sexual conduct in the National criminal code but rather define it as "seikou-ruiji-kōi" (similar to sexual conduct), homosexual prostitution is often dealt with under other local prefecture laws.

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.

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.

LGBT Celebrities

In 2003 Kazuhito Tadano, 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.

Transgender issues

In 2008, a law was passed allowing transgender people who have gone through sex reassignment surgery 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 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. 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

The Japanese Department of Registration received the order to confirm that couples applying for marriage licenses are of different sexes, and if they are not, to decline the application. Same-sex marriages, civil unions and domestic partnerships performed in other jurisdictions have no legal standing in Japan.

However, 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.