Will rising right in Japan election block same-sex marriage?

LONDON - A fringe nationalist party opposed to LGBTQ+ rights emerged as one of the big winners in Japan's upper house elections on Sunday, muddying long-standing efforts to legalise same-sex marriage.

Japan is the only G7 nation without marriage equality, despite mounting pressure from a series of high-court rulings in the last 16 months declaring it unconstitutional.

The cases have gone to the Supreme Court, and a ruling in favour of same-sex couples, expected next year, could lead to legislators drafting a marriage equality bill.

That prospect renders the new political makeup of the Diet - Japan's parliament - crucial, according to LGBTQ+ activists who have been pushing for same-sex marriage since 2019.

Results show the far-right Sanseito won 14 seats, adding to the single lawmaker it previously had in the 248-seat chamber.

Here's what you need to know about how the party's ascendancy may impact prospects for equality in Japan.

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 The Asahi Shimbun newspaper 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 of its kind 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.

Couples from each lawsuit have also filed appeals to the Supreme Court, and a ruling is expected in 2026. 

Do any parties back same-sex marriage?

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

When asked in December about the chance of a bill, Prime Minister Shigeru Ishiba 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.

Ahead of Sunday's election, a questionnaire put to all political parties by The Asahi Shimbun and the University of Tokyo's Taniguchi Laboratory found that only four of the LDP's 79 candidates said they supported same-sex marriage. 

All candidates from Komeito, the LDP's junior coalition party, were in favour and said 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. 

Sanseito and the centre-right Democratic Party for the People (DPFP) are against same-sex marriage, although the latter said it would consider legalising "partnership systems".

Sanseito, which led a "Japanese-first" election campaign, is also against other LGBTQ+ rights.

Under a policy area it calls "social turmoil caused by excessive protection of minorities", the party has pledged to repeal a 2023 law to increase understanding of LGBTQ+ identities and ban discussion around transgender identities in schools.

Leader Sohei Kamiya has shared his admiration for U.S. President Donald Trump, who has targeted trans rights with multiple executive orders since taking office in January.

What has the election changed?

Japan's ruling coalition failed to secure a majority in the upper house election, securing 47 seats combined. It follows a similar loss in October's lower house election.

Ishiba has denied he has plans to resign as prime minister, despite local media reports to the contrary. 

The CDP, Japan's main opposition party, finished second with 22 seats. The DPFP won 17 seats, making it No. 3, followed by Sanseito with 15 seats.

The growth of fringe parties could impact how quickly any same-sex marriage bill is drafted, Hiroshi Ikeda, from Marriage For All Japan's advocacy team, told Context.

"Those parties may try and make the Diet internal process ... as slow as possible," Ikeda said.

(Reporting by Lucy Middleton; Editing by Lyndsay Griffiths)