How Japan election could shape future of same-sex marriage rights

LONDON - An upstart nationalist party opposed to legalising same-sex marriage is gaining support in Japan ahead of a vital election that will determine which lawmakers could be involved in drafting such legislation in the country next year.

Japan is the only Group of Seven nation without marriage equality, despite mounting pressure from a series of high court rulings in the last 16 months declaring this to be unconstitutional.

The cases have gone to the Supreme Court, and a ruling in favour of same-sex couples would likely lead to legislators drafting a new marriage equality bill.

LGBTQ+ activists say who is in the Diet, Japan's parliament, after the July 20 election will be crucial.

Here's everything you need to know.

Where does Japan stand on same-sex marriage?

There is no national recognition for same-sex couples in Japan, and they are excluded from marital benefits like joint taxation, inheritance rights and welfare.

The country's civil code defines marriage only as a union between a man and a woman.

More than 90% of the population live in areas covered by regional partnership certification systems that offer same-sex couples limited non-binding benefits, such as hospital visitation rights.

A nationwide poll conducted by newspaper The Asahi Shimbun in February 2023 found that 72% of the public were in favour of same-sex marriage, up from 41% in 2015.

Couples in four cities across Japan filed lawsuits against the nation's ban on same-sex marriage on Valentine's Day 2019, with couples in a fifth city later launching action as well.  

In March 2024, the high court in Sapporo, the capital of Japan's most northern island Hokkaido, became the first to rule that the ban violates Japan's constitution.

High courts in Tokyo and Fukuoka reached the same conclusion in October and December 2024, and in Nagoya and Osaka in March. A sixth and final ruling - also in Tokyo - will be handed down in November.

Plaintiffs from each lawsuit have filed appeals to the Supreme Court over claims for compensation that were dismissed and the lack of government action. A ruling is expected in 2026.

Do any parties back same-sex marriage?

Japan's conservative long-standing ruling party, the Liberal Democratic Party (LDP), currently in a minority government, has never submitted or supported any bill to legalise same-sex marriage.

When asked about a future bill in December last year, Prime Minister Shigeru Ishiba, who assumed office in October, said he would keep an eye on the lawsuits.

"I have met concerned individuals, and I can see that being together is the most precious thing to them," Ishiba said during questions in the Diet.

A questionnaire put to all political parties by campaign group Marriage For All Japan found that only four of the LDP's 79 candidates standing in the upper house election said they supported same-sex marriage.

All candidates from Komeito, the LDP's junior coalition party, were in favour and answered that they would "pursue legal reforms" following the court rulings.

Opposition groups such as the Constitutional Democratic Party (CDP), the Japanese Communist Party and Reiwa Shinsengumi, also expressed support for marriage equality.

But two small parties, the Democratic Party for the People and Sanseito, a fast-growing party with a "Japanese First" campaign, are against same-sex marriage.

Sanseito is also against other LGBTQ+ rights, pledging under a policy area it calls "social turmoil caused by excessive protection of minorities", to repeal a 2023 law to increase public understanding of LGBTQ+ identities and ban discussion around transgender identities in schools.

What are polls showing?

The ruling coalition is expected to lose its upper house majority, according to a poll from Japan's public broadcaster NHK, with the LDP's approval rating dropping to the lowest its been since 2012.

The poll showed support for the main opposition party the CDP had dropped to 7.9%, while Sanseito had risen to 5.9%. The Democratic Party for the People follows on 4.9%.

While Sanseito is only expected to secure between 10 and 15 of the 125 seats being elected, their growth could impact how a same-sex marriage bill is drafted, Hiroshi Ikeda, from Marriage For All Japan's advocacy team, told Context. 

"We cannot tell the total impact of this election result yet, but we may possibly have more members and political parties in the upper house who are against same-sex marriage," Ikeda said.

"Those parties may try and make the Diet internal process to actually develop a bill for same-sex marriage, or a bill for amendment of the civil code, as slow as possible."

(Reporting by Lucy Middleton; Editing by Jon Hemming.)