Comment by rtpg
13 hours ago
> Notably, the lack of legalised marriage is not because the population is too conservative. Rather, it is because the US forced a constitution on Japan which enshrines heterosexual marriage as constitutional law, and changing the constitution is significantly more difficult than changing a normal law.
Beyond the fact that they could easily get around this with civil unions, this feels like a massive misrepresentation of the status quo inside the LDP politicians that ultimately get to decide whether progress is made on this.
The current prime minister, in her previous attempt to campaign to be the head of the party (back in ... 2022 I think?), declared her opposition to married couples opting out of sharing a last name[0]. In the 21st century, strong opposition to the idea that somebody might want to keep their own family name after marriage. Something so small and unimportant. Still very far away from civil unions for non-hetero couples.
The Japanese ruling class is so far away from acceptance of anything beyond a very specific notion of married couples, even if the general population thinks differently. These things can change quickly but just in terms of policy delta between Japan and most other members of the OECD the gap is quit huge. Legal rights for one's spouse starts is important, and right now there's really nothing.
(There are some logistical things around the family register that mean that such a change would require some changes to that format. This is not a good enough reason to prevent this!)
[0]: In Japan if two Japanese people get married then they have to unify on their last name. In practice this usually means the woman throwing away their last name. In a funny twist of fate you actually have more flexibiltiy in an international marriage. If a Japanese person marries a foreigner they _don't_ have to do this (and can even go with a hyphenated last name!).
While there is no national civil union law, and it would of course be great if there were, enough prefectures and municipalities have implemented civil unions such that >90% of people live in areas covered by them, so the legal status quo isn't horrendous.
> Something so small and unimportant. Still very far away from civil unions for non-hetero couples.
Your framing of this issue is a bit misleading. You suppose that this name change issue is a prerequisite step for support for civil unions because in your perception it is more trivial. But actually, support for same-sex marriage is more popular than support for different surnames in marriage. Although even then, a supermajority also support different surnames, and even a majority of LDP supporters support both too.
Do the locality-based civil unions actually provide necessary rights for spouses when it comes to things like property rights and the like? Maybe it does.
You’re right to point out public support (I didn’t realize the name thing had less support than same-sex marriage!)
I mainly wanted to highlight that the politicians are not there yet (or rather the ones that end up making the decision, even if supporters and the rank and file support it). But maybe we’ll get same-sex marriage before the name thing!
I could totally be misreading what the state of things on the ground is.
The municipal/prefectural civil unions aren't fully legally equivalent to marriage unfortunately, they do offer tangible benefits but there is still room to improve. It's not nothing, at least.
One thing I would like to note is that Takaichi doesn't necessarily get to make the decision. Japan does not have a presidential system and the PM does not have veto power. As PM she does obviously hold significant influence in the party, but the LDP is a broad tent with multiple factions, and those factions could potentially pressure her given the LDP is losing ground and opposition to same-sex rights is unpopular even with the party's supporters. Due to the constitutional law issue, I'm not optimistic about same-sex marriage in the near-term, but I do think things are trending in the correct direction, that it's likely that more legal rights will continue to be enshrined in the short-term even if full marriage recognition isn't, and that Western media creating a panic about Takaichi and Japan's supposed trend towards ultraconservatism is more oriented towards garnering engagement than accurate reporting.