Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships, particularly the younger generation. Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, Komeito, and the Japan Innovation Party support legalizing same-sex marriage. However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it.

On 17 March 2021, a district court in Sapporo ruled that the Civil Code provisions outlawing same-sex marriage were unconstitutional, arguing that laws or regulations that deprive same-sex couples of the legal benefits of marriage constitute "discriminatory treatment without a rational basis" and as such violate Article 14 of the Constitution of Japan. The court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not expressly prohibit the recognition of same-sex marriages. Over the following two years, five other district courts issued rulings either upholding the ban or declaring it unconstitutional. In March 2024, the Sapporo High Court issued a verdict stating that the same-sex marriage ban violated the Constitution, the first time an appellate court had reached such a conclusion. The Tokyo High Court ruled similarly in October 2024. While these rulings did not legalize same-sex marriage in Japan, it is anticipated that they may pressure the National Diet to act on legislation opening marriage to same-sex couples. Bills were introduced to the Diet in 2019 and 2023.

Partnership certification system

As of 1 October 2025, 509 municipalities and 31 prefectures have established a "partnership oath system" (, , ), also known as "partnership certification system" (, ), which provides same-sex couples with some limited benefits. Couples are issued special certificates which may be useful in matters such as housing, hospital visitation rights and consenting to surgery for a partner. However, the system is not legally binding and there is no legal obligation on landlords or hospitals to honour the couples' rights even if presented with a certificate, though cities have encouraged companies, hospitals and landlords to recognize the certificate. The various benefits provided by the system are also very limited in comparison to those granted to married couples; same-sex couples cannot inherit the estate and property of a deceased partner or attend the funeral of a deceased partner for instance. Partners must meet certain requirements, including living in the municipality or prefecture, being older than 20 years of age, and not having a spouse or another partner. On April 1, 2015, Shibuya in central Tokyo announced it would offer same-sex couples the special certificates, becoming the first jurisdiction in Japan to do so. The Shibuya city office began accepting applications on 28 October 2015. In response to this action by the Shibuya city office, the "Special Committee to Protect Family Ties" (, ) of the federal ruling Liberal Democratic Party was formed in March 2015 to discuss the matter. An officer from the Ministry of Justice who was invited to comment stated that the action by Shibuya is legal because the certificate issued is not a marriage certificate and the Japanese legal code does not prohibit the "partnership" of same-sex couples.

The number of jurisdictions establishing partnership systems has increased since 2015. 21 cities established a same-sex partnership registry in 2019, notably Kitakyushu, Nagasaki, Sakai, and Yokohama. 36 cities followed suit in 2020, including Kawasaki, Kyoto, Niigata, Okayama, and Sagamihara, and 69 more cities followed in 2021, notably Adachi, Hiroshima, Kanazawa, and Kōchi. In 2022, 107 cities established a partnership system, including Kagoshima, Nagano, Nagoya, and Shizuoka. Ibaraki Prefecture became the first prefecture to establish a partnership system in January 2019, and 30 more prefectures have since followed suit, including highly populated Tokyo Metropolis and Osaka Prefecture. All these jurisdictions together account for about 93% of the Japanese population.

Several jurisdictions have also established a "partnership familyship system" (, ), which also recognises the children and in-laws of same-sex couples. This allows partners to make medical decisions for their children, and to pick them up at schools and kindergartens (whereas previously only the biological parent was allowed to pick up the child). Some registries have also been extended to opposite-sex couples. In May 2024, the city of Ōmura registered a same-sex couple, Keita Matsuura and Yutaro Fujiyama, as partners under the same address. Initially, the city had offered to register Fujiyama as Matsuura's relative, but after discussions, it decided to register him like a husband, a move labelled as "groundbreaking". Despite the registration not being the same as legal marriage, Matsuura said he was "surprised and very happy". "I think it's a groundbreaking decision — a step further than the non-legally-binding partnership system. I hope this will bring more practical benefits to same-sex couples, and will be a step towards legalizing same-sex marriage", he said. On 1 November 2024, Nakano and Setagaya wards in Tokyo announced that—like opposite-sex couples in common-law marriages—same-sex couples would be listed as "unregistered husbands" or "unregistered wives" on their residence registries.

On April 1, 2024, the governments of Osaka, Kyoto and Hyōgo prefectures established the Partnership System Inter-Municipality Collaboration Network (, ) as a common mutual agreement through which signatory jurisdictions, including prefectures, cities, towns and villages, may recognize and process each other's partnership registries for purposes of travel or relocation. By October 23, 2024, 17 additional prefectures (Aichi, Akita, Aomori, Fukui, Fukuoka, Gifu, Gunma, Ibaraki, Mie, Nara, Niigata, Ōita, Saga, Shiga, Toyama, Wakayama and Yamagata) and 150 cities, towns and villages had announced their registries' accession to the network agreement.

Same-sex marriage

Background and summary Same-sex marriage (, , ) is not recognized in Japan. However, debate on the issue has emerged in recent years, with several political parties expressing support or openness to discuss the matter. Several lawsuits contesting the law barring same-sex marriage were filed in court in February 2019. In addition, polling suggests high levels of support for same-sex marriage among the Japanese public, notably among women and the younger generation.

On March 27, 2009, media outlets reported that Japan would allow its nationals to marry foreign same-sex partners in countries where same-sex marriage is legal. Japan had previously refused to issue a document, which states that a person is single and of legal age and is required for citizens to wed overseas, if the applicant's intended spouse was of the same legal sex. Under the change, the Ministry of Justice instructed local authorities to issue the key certificate to citizens who wish to marry their same-sex partners. Further, in March 2019, the Justice Ministry revoked a deportation order for a gay Taiwanese man who had remained in Japan illegally after overstaying his visa, giving consideration to his longtime same-sex relationship with a Japanese national. The Ministry issued a special residence permit to the man, who had lived in Japan for about 25 years. The Ministry's Immigration Bureau granted him a one-year resident visa after the Tokyo District Court suggested that it review the order.

In June 2011, the deputy head abbot of Kyoto's Shunkō-in temple announced that the temple would perform same-sex marriage ceremonies as part of Pride Month. Similarly, in April 2020, the deputy head abbot of Kawagoe's Saimyouji temple, announced that he would perform same-sex marriage ceremonies. Since 15 May 2012, Tokyo Disney Resort has allowed symbolic same-sex marriage ceremonies in its Cinderella's Castle hotel.同性結婚、ミッキーマウスも支持 東京ディズニーリゾート - AFP(2012年9月8日閲覧) Its first same-sex marriage was held on March 3, 2013, between Koyuki Higashi and her partner Hiroko Masuhara. - インターナショナルビジネスタイムズ(2013年3月3日閲覧)

Constitutional wording Article 24 of the Japanese Constitution states:"THE CONSTITUTION OF JAPAN", Japan.Kantei.Go.Jp, accessed 17 May 2018. "1) Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. 2) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes." Previously, a couple in Japan could marry only if their respective head of household (the father, or in the absence of a father, the eldest son) consented to the union. As a result, arranged marriage was the dominant form of marriage. Those couples who could not obtain permission had to elope and stay in common-law marriage. The purpose of Article 24 of the Constitution was to assert freedom of consenting adults to marry, and to explicitly establish the equality of both sexes in marriage. Some legal scholars argue that because the intent behind the article was not in reference to same-sex marriage, it need not apply in legalising same-sex marriage. However, conservative lawmakers as well as legal scholars who take a literal approach to constitutional interpretation argue that such an argument is a stretch.

In February 2015, the National Diet debated whether same-sex marriage should be recognized under the Constitution. Kota Matsuda, a member of the House of Councillors, said, "We need to eliminate lifestyle difficulties for same-sex couples. A prerequisite to achieving this goal is dealing with Article 24 of the Constitution." Prime Minister Shinzo Abe expressed his opinion on the issue: "Extending the institution of marriage to same-sex couples was not anticipated under the current Constitution. It is an issue that concerns the very core of family values and, I believe, one that requires extremely careful consideration." In July 2019, the Japan Federation of Bar Associations submitted a paper in support of same-sex marriage to the Minister of Justice, the Prime Minister, the Speaker of the House of Representatives and the President of the House of Councillors. The paper argued that Article 24 did not ban such marriages as "the notion of same-sex marriage was beyond the scope of assumption at the time of [Article 24's] enactment", and that prohibiting it constitutes a breach of human rights, urging the National Diet to legalize same-sex marriage.

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