LGBTと
アライのための
法律家ネットワーク
2019.02.06

Viewpoint Q&A

What are the key messages of the Viewpoint?

Which countries currently recognize marriage equality?

What is the current status of equal marriage in Japan?

How can you express support for the Viewpoint?


What are the key messages of the Viewpoint?

1. International Competitiveness: The Cost of Attracting and Retaining LGBT Talent.

Japan is competing for talent on a worldwide scale. Currently, 26 countries that have legalized marriage equality have a competitive advantage over Japan because they offer LGBT talent a more inclusive environment, granting same marital rights to all couples, regardless of gender. In contrast, in Japan, in an effort to level the playing field, companies are forced to create administratively and financially burdensome special benefits packages for their employees who are in a committed same-sex relationship but not considered legally married under Japanese law. Even with special benefits packages, companies in Japan are competitively disadvantaged because they are unable to mitigate the full negative impact on LGBT couples of their exclusion from laws defining the rights and protections of marital couples.

2. Encouraging a more Diverse and Productive Workplace Environment.

The Government of Japan’s legal recognition of marriage equality would demonstrate commitment to diversity and inclusion, which has been widely shown to improve companies’ decision-making, productivity and profitability. Two critical elements of diversity and inclusion are respect for individual differences and transparent, equitable treatment of all employees by the employer. Disparate treatment of employees based on characteristics such as gender, age, religion, marital status, sexual orientation or any difference can cause rifts in the employer-employee relationship and in the relationship between co-workers, negatively impacting employee motivation, teamwork, creative energy, loyalty and, ultimately, productivity. Expanding the freedom to marry would help close the gap in treatment between LGBT couples and their married peers, supporting the former to feel more comfortable being true to themselves and allowing them to contribute their full creative energy in the workplace.

3. Supporting a more Diverse and Inclusive Community.

Japan has no national LGBT antidiscrimination policy, and LGBT couples receive no legal marital protection. The knowledge about and the attitudes towards LGBT continues to shift towards more acceptance in Japan and globally. According to a 2019 Dentsu survey, 78% of respondents indicated support for “same-sex” marriage and 72% expressed support for non-discrimination legislation protecting LGBT individuals.  However, the situation in Japan remains difficult for most LGBT individuals. In this recent Dentsu survey, 8.9% of the Japan population self-reported as LGBT. In the workplace, 50.7% of such LGBT individuals find it difficult to come out as LGBT to colleagues, whereas only 21% thought it was not difficult to come out.


Which countries currently recognize marriage equality?

As of 1 February 2019, 26 countries have full marriage equality: Argentina, Australia, Austria, Belgium, Brazil, Canada (G7), Colombia, Denmark/Greenland, Finland, France (G7), Germany (G7), Iceland, Ireland, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, United Kingdom (G7), Uruguay and USA (G7).

In addition, 9 countries have some legal protections: Chile, Croatia, Czech Republic, Ecuador, Greece, Hungary, Italy (G7), Slovenia and Switzerland.

3 countries have high court rulings in favour of marriage equality: Lithuania, Nepal and Taiwan.


What is the current status of equal marriage in Japan?

Japan does not recognize equal marriage domestically or for LGBT couples who married in any of the 26 jurisdictions with marriage equality. There are a number of municipalities (e.g. Shibuya, Setagaya, Osaka, Fukuoka, Naha, Sapporo) who issue partnership certificates, which provide some limited rights to same-sex couples. Chiba became the first Japanese city to issue such certificates for both same-sex and opposite sex common-law couples, which allow the certificate holders to enjoy various services provided by the city, such as being eligible to apply for public housing as a couple.  Without marriage rights, these certificates cannot fix the discrimination and inequality faced by LGBT couples, such as the inability to inherit property from their partner without a will, to benefit from income tax deductions for spouses or to allow immigration for a foreign spouse.


How can you express support for the Viewpoint?

There is no formal process for expressing your support of the Viewpoint. If you organization would like to endorse this Viewpoint, please send us an official acknowledgement of your support (eg an email form a representative), with your logo and any official announcement your organization might have made to show its support of the Viewpoint. If you would like to express your support or would like to learn more, please contact LLAN or directly info@llanjapan.org.

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