2025-05-04

Same-sex marriage is not recognized in Japan, but in recent years, many foreign countries have begun to recognize it. Here, we will explain the differences between Japan and other countries regarding same-sex marriage, as well as points to note when a person with Japanese or foreign nationality wishes to have a same-sex marriage in Japan.

Facts about Same-Sex Marriage in Japan

In Japan, same-sex marriages, i.e., marriages between two men or two women, are not recognized institutionally. In this case, the “sex” of same-sex marriage, i.e., male or female, refers only to the sex on the family register, and is not intended for people who are uncomfortable with their own sex.

The Sapporo District Court on March 17, 2021 ruled for the first time that it is unconstitutional not to recognize same-sex marriages. Nevertheless, the legislation on “same-sex marriage” remains untouched in Japan.

The Reality of Same-Sex Marriage in Other Countries

Looking overseas, the Netherlands was the first country to establish legal same-sex marriage as an institution in 2001. Since then, the number of countries and regions that recognize same-sex marriage has been increasing one after another, especially in Europe, the Americas, and Oceania. In Asia, Taiwan will be the first country to recognize same-sex marriage in May 2019.

What if I want to have a same-sex marriage in Japan?

Currently, same-sex marriage is not legally recognized in Japan, which means that same-sex marriages cannot be performed within the country regardless of nationality.

In addition, foreigners who wish to have same-sex marriages in Japan will not be able to obtain a so-called “spouse visa”. However, the Ministry of Justice currently recognizes the status of residence of “specified activities” for same-sex marriages between foreign nationals. This “specified activities” status is intended to enable foreigners residing in Japan to live in Japan when other statuses of residence cannot be obtained.

Even in the case of a same-sex marriage between two foreign nationals, the acquisition of “specified activities” is permitted only if one of the foreign nationals is living in Japan with a status of residence.

For example, if Mr. A, a Canadian national, has obtained the status of residence for permanent residence in Japan, his partner in a same-sex marriage, Mr. B, a British national, can obtain “specified activities”. However, if both Mr. A and Ms. B are in Japan for a short stay, they cannot both obtain “specified activities”. This is limited to cases where one of the two persons has obtained a visa for a long-term stay in Japan.

What if a Japanese national wishes to have a same-sex marriage?

If Mr. C, a Japanese national, wishes to have a same-sex marriage with Ms. D, a citizen of X, which recognizes same-sex marriages, it is necessary to submit a marriage certificate in X country. However, even if Mr. C and Ms. D try to live in Japan after their marriage, Ms. D will not be able to obtain a “spouse visa.

This is based on the fact that Japan does not legally recognize same-sex marriages, as explained earlier. Also, as in the previous example of same-sex marriage between foreigners, Ms. D cannot obtain a “Designated Activities” status of residence. This is because Japan does not recognize the marriage itself between Mr. C and Ms. D.

Conclusion

If a Japanese national wishes to have a same-sex marriage with a national of a country that recognizes same-sex marriages, the procedure must be completed in that country. However, even if those two people try to live in Japan, they cannot obtain a “spouse visa” because the marriage itself is not recognized.