William Greer
TOKYO – Japan has been visualized as a homogenous and traditionalized society that refuses to change culturally and socially However, Japan is truly the more liberalized of the East Asian nations. Nonetheless, it struggles with equal rights among individuals whom do not fit society’s image of “normal”, especially the LGBTQ+ community.
Japanese religion and culture has never experienced persecutory relations with homosexuality. Japan’s younger generations have expressed an overwhelming supportive percentage for the legalization of same-sex marriage. In fact, approximately 80% of the 20-59 age category support same-sex marriage. Quite conversely, the percentage of Americans that support the legalization of gay marriage remains near 53%, yet it is still legal to have a same-sex union in the United States. Still, the Japanese government has been reluctant when trying to implement equal marriage laws and recognizing the rights that same sex couples have.
In February, the government faced a new challenge brought on by 13 couples arguing that the constitution does not prohibit same sex marriages. These lawsuits are controversial as the Japanese Constitution states “marriage shall be only with the mutual consent of both sexes.” The text itself has had much controversy because the government has interpreted this as barring same-sex marriage. However, the court cases that have been filed claim this was to prevent forced marriages. Regardless of the documenters’ true meaning, it will have its final ruling at the Japanese Supreme Court within the projected five years if the case can withstand time and fierce debate.
Several of the couples remain anonymous as they fear coming out to family and friends and facing prejudice. However, one couple has been vocal on the issue and have been deeply affected by Japan’s marriage policy. Ai Nakajima, a native to Japan, and Tina Baumann, a visa holder from Germany, is one of the couples fighting for marriage equality. Nakajima met Baumann in Germany and the two lived in Berlin for several years before moving back to Japan. Once they arrived, they tried to have their marriage recognized as it had been in Germany. Unfortunately, the government was unwilling to validate their request and now Baumann is on a studying visa, but once her studies finish she must find an alternative to stay in the country. The difficulty arises from the fact that same sex couples cannot be issued marriage visas, because their marriage is not recognized in Japan.
Nakajima highlights the issue that many in the LGBTQ+ community are reluctant to come out because of the possibility of facing difficulties--not only socially, but also financially. For example, if a same-sex couple was to rent an apartment, the realtor could easily reject the couple solely based on sexual orientation and therefore, rightfully deny the couple from living in their apartment complex. Baumann claims that people criticize their decision to fight for marriage equality in Japan by saying it would be easier to move back to Germany than to create issues in Japan. Nevertheless, the 13 couples are going to carry through with their decisions and challenge the Japanese Constitution. LGBTQ+ rights activists claim that they are willing to work in the long-term for marriage equality for all gay couples to be equally married, like their heterosexual counterparts, in Japan.
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