Japan yesterday enacted a law meant to promote understanding of the LGBT community that critics said provides no human rights guarantees, while some conservative lawmakers said the measure is too permissive.
Japan, the only G7 nation that does not have legal protection for same-sex unions, had originally pledged to pass the law before hosting a G7 summit last month.
However, wrangling over the bill meant it was only submitted to parliament for consideration on May 18, the day before the summit began.
Photo: Reuters
The initial draft stipulated that discrimination on the basis of sexual orientation and gender identity should “not be tolerated,” but was changed to “there should be no unfair discrimination,” which critics have said tacitly encourages some forms of discrimination.
Despite the bill being watered down, some members of Japanese Prime Minister Fumio Kishida’s ruling Liberal Democratic Party broke ranks with party directives, boycotting or walking out of a vote on Tuesday in the Japanese House of Representatives and the final vote in the Japanese House of Councilors.
“There have been crimes committed by impersonators in women’s restrooms,” former Japanese House of Councilors president Akiko Santo said after boycotting the vote in that chamber. “It would be a very serious problem if this bill passed and the trend became that it was normal to accept anything.”
Japan has come under pressure from other G7 nations, especially the US, to allow same-sex marriage.
Business leaders have said they fear Japan will not be able to remain internationally competitive without greater diversity, including representation for lesbian, gay, bisexual and transgender people — especially as Tokyo seeks to promote itself as a global financial center.
“As a financial institution, in order to achieve sustainable growth, it is essential to create an environment in which people with diverse backgrounds and values can play an active role,” Japan Bankers Association chairperson and Mizuho Bank president Masahiko Kato told a news conference this week.
The Japanese public broadly supports same-sex marriage, opinion polls have shown, while local governments in most of the country allow same-sex partnership agreements that fall short of the rights guaranteed by marriage.
“Some 70 percent of the nation allows same-sex partnerships, and surveys have found more than 70 percent of people are in favor of same-sex marriage,” activist group Marriage for All Japan wrote on Twitter after the bill passed.
“Even business leaders are on our side. Now, parliament and the government must move,” it said.
Kishida in February sacked an aide who had sparked outrage by saying people would flee Japan if same-sex marriage was allowed, and that he did not want to live next to LGBT couples.
However, Kishida has remained noncommittal on same-sex marriage, saying circumstances in each nation are different and discussion had to proceed “carefully.”
In five court cases on same-sex marriage over the past two years, four courts ruled either that not allowing it was unconstitutional or nearly so. One said not allowing it was in line with the constitution.
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