Japan Expands Same-Sex Partner Recognition Under Nine Additional Laws

Expanded Recognition for Same-Sex Couples

The Japanese government has announced a decision to recognize same-sex couples as being in 'de facto marriages' under an additional nine laws and ordinances. This latest move, learned on Tuesday, September 30, 2025, includes the crucial disaster condolence grant law, extending vital support to same-sex partners in times of crisis.

This expansion follows a prior decision in January 2025, where the government recognized same-sex partners under 24 other laws and ordinances. These earlier recognitions encompassed areas such as the spousal violence prevention law and land and building leases law. With the new additions, same-sex couples are now covered by a total of 33 laws that grant them similar rights to heterosexual common-law spouses.

Catalyst: Supreme Court Ruling and Legal Precedent

The impetus for these governmental decisions stems from a significant Supreme Court ruling in March 2024. The top court determined that same-sex couples fall into circumstances akin to 'effective marriage' and should be covered by the crime victim benefit law. This ruling was a direct response to a case involving Uchiyama Yasuhide, a 49-year-old man from Nagoya, who was denied spousal survivor benefits after his partner's murder. The Supreme Court's 4-1 decision found their relationship 'amounted to a common-law marriage' and remanded the case for reconsideration, prompting the central government to review other legal rights for same-sex partners.

Scope and Remaining Limitations

While a significant step forward, the expanded recognition does not equate to full marriage equality. The laws now covering same-sex couples include protections from domestic violence, rights related to lease and rental agreements, and access to child abuse prevention services. The government is also investigating whether same-sex couples in common-law marriages are covered by an additional 130 laws, including those pertaining to pension law, the public health care system law, and childcare allowances.

However, the government explicitly maintains that same-sex partners are still not covered by 120 other laws and ordinances, notably those related to taxes and social security. Japan remains the only G7 country that does not legally recognize same-sex unions nationally. The Japanese Constitution's Article 24, which states that 'Marriage shall be based only on the mutual consent of both sexes,' has historically been interpreted to exclude same-sex couples, posing a significant barrier to full marriage equality.

Broader Context and Public Sentiment

Despite the national government's cautious approach, public support for marriage equality in Japan is substantial, with a majority of the population, particularly younger generations, favoring it. Conversely, conservative factions within the ruling Liberal Democratic Party (LDP) have voiced opposition to legalizing same-sex marriage. In the absence of national legislation, over 530 municipalities across Japan, covering approximately 92.5 percent of the population, have implemented local partnership systems. These systems, such as the one introduced in Tokyo in November 2022, offer limited recognition and some benefits, but they do not provide the comprehensive legal protections afforded by national marriage laws.