By Morgan Lewellen

Faculty Mentor: Surupa Gupta

Abstract

Japan is the only state in the G7 that has not legalized same-sex marriages despite increasing support of LGBTQ+ rights and norms for respecting human rights. While some local governments and constitutional courts have made progress with recognizing same-sex partnerships and deeming the ban on same-sex marriage unconstitutional, the Japanese national government has not enacted comprehensive pro-LGBTQ+ policy. Instead, the Diet (Japan’s legislative body) passed the “LGBT Understanding and Enhancement Bill” in 2023, which is a law that fails to legally recognize same-sex marriage or provide protections. This project aims to explore Japan’s hesitancy by examining politics, culture, history, and intersectional understandings of sexuality, class, gender, and nationality.
A comparative case-study of Taiwan offers useful insights for same-sex marriage in East Asia. In research, Taiwan is a poster-nation for Japan’s neighboring countries in legalizing same-sex marriage driven by a trifecta of factors: a liberal and progressive political elite, a robust and visible domestic LGBTQ+ movement, and a younger generation that tends to be more accepting of LGBTQ+ people and same sex marriage. This trifecta, named the ‘Rainbow Triangle’ by Frederic Krumbein, is an available and useful tool for analyzing Japan’s reluctance in legalizing same-sex marriage. While the Japanese youth is reported to be more supportive of the LGBTQ+ community, national political institutions and politicians have not prioritized LGBTQ+ issues, and the style of the Japanese LGBTQ+ movement, though active, does not have the same level of mainstream visibility or influence as in Taiwan.
Key findings show that the Japanese government is conservative-leaning and has a party and elite-focused policy making process that makes it difficult for LGBTQ+ laws to pass, the younger generation is supportive but not turning out for elections or protesting for fear of backlash, and the local governments and courts are taking steps to allow same-sex unions despite longstanding traditional family systems.