This article covers a lot of ground. Since our last article on Japan, there have been quite a few developments in the realm of trans and LGBTQ rights, as well as one big area for potential concern. We will start with the good news.
Sapporo Family Court Finds Requirement for Legal Transition Unconstitutional in Second Case
On 30 September, following the case on 17 September that we reported on here, another individual was granted a petition to change legal sex, this time to female, after the same Sapporo court found the requirements for medical (often surgical) interventions to be unconstitutional [1]. This marks only the second time in the country this has occurred, and the decisions appear set to stand. As this is a family court level decision, while it could set a new precedent other courts could follow, it does not change the law or how it is applied nationally.
Similar to the other case from 17 September, potential medical complications were cited as reasons why the petitioner could not use HRT.
The petitioner was quoted during a press conference as “looking forward to being able to live a normal life.” This should come as no surprise to even the lawmakers who were responsible for drafting the law, as it was in fact part of the law’s original purpose: to allow trans people to get on with their lives without having to constantly explain why their legal documentation doesn’t match their lived reality.
Even as more and more of the now outdated Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder gets stricken down in the courts, there is no sign of the legislature moving to alter, amend, or rewrite the Act. Although Japan is at the dawn of its next regular parliamentary session with a new head of government, there remain numerous other issues that will no doubt be seen as being more pressing. This is similar to what happened in the last session of parliament, with the result of discussions of reforming the law being sidelined (discussion of the previous attempt to reform the law available here).
Rights for Same Sex Couples Recognized as Common Law Spouses Expanded… Somewhat
Also on 30 September, Japan’s Cabinet Office announced 9 additional laws that are now to be seen as including same sex partners where they would apply to common law spouses. This is an important move, as it recognizes same-sex partners as being covered by additional laws that previously could only be accessed by opposite sex couples in a common law marriage or similar circumstances. However, while this modestly expands the number of laws that the government sees as covering same-sex partners to 33, it still leaves over 120 which the government says excludes them.
Matsuoka Sōshi points out in his summary and response to the announcement that while access to a number of important services has been broadened, access by same sex partners to social welfare programs where certain benefits are afforded to opposite sex couples, such as unemployment insurance, national pensions, and national health insurance, remain blocked [2]. This means that, in effect, these couples will still be required to pay into systems which they are barred from taking full advantage of.
The decision to begin including same-sex couples, especially those who have chosen to participate in regional partnership systems (discussed here), in the definition of common law spouses has gained ground in the courts. A 2021 decision involving a couple who had married in the US and lived together for seven years but broke up due to infidelity recognized the relationship as being akin to a common law marriage under Japanese law, entitling the aggrieved partner the right to sue for damages [3]. Similarly, in 2024, the surviving partner of a same sex couple was determined by Japan’s Supreme Court to be eligible for benefits as the victim of a crime [4]. This decision came following a lengthy legal battle to get recognition after the person’s partner was murdered in 2014, the two having lived together for over twenty years.
Takaichi Sanae Becomes LDP Party Chair, Likely to Become Next PM
On 4 October, Takaichi Sanae was voted to become chair of the Liberal Democratic Party (LDP), the party that has held control of Japan’s national government virtually uninterrupted since the close of World War II. Chairs of the majority party typically go on to become the nation’s Prime Minister, although this requires a parliamentary vote. Given the LDP’s current weakened state in parliament following its recent election losses, it is possible that at the very least other parties will attempt to extract concessions from the LDP for their vote, as was seen between the LDP and the Democratic Party for the People (DPP) during the election of Ishiba Shigeru in 2024 [5]. If anything, minority parties are in an even stronger position to bargain, given the LDP’s further weakening after their losses in the country’s recent upper house elections.
While becoming the first woman to become LDP chair and potentially PM in the country’s history, Takaichi is known as a controversial figure, having expressed generally conservative views in the past and admiration for figures such as Margaret Thatcher [6]. What is less clear is how she will handle the changing situation regarding LGBTQ issues that have been shifting beneath parliament’s feet over the last several years.
In addition to the situation surrounding the afore-mentioned legal sex change act, the Tokyo High Court is set to deliver its next verdict regarding marriage equality in November. If the past is any indication, the High Court will likely find the lack of marriage equality to be unconstitutional. There have already been numerous findings of unconstitutionality at the high court level, meaning the issue is in reality up to either up to the Supreme Court or to parliament to resolve. While another high court level decision would merely further solidify this, it does not change the facts of the matter, and will increase pressure on parliament to act.
In the past, Takaichi has been noted as being highly reserved in her opinions regarding such things as marriage equality [7] or of separate surnames for married couples [8]. Both issues would involve reform to the nation’s family registry system, something of a sacred cow to Japanese conservatives.
During parliamentary deliberations, she expressed concerns over the so-called LGBT Understanding Act while noting that there should be no discrimination against covered groups, either [9]. She did, after initially opposing the bill, come around to supporting it after changes were made before ratification.
[1] 「性別変更、「これからが楽しみ」 トランスジェンダー当事者が会見 北海道」Jiji, 30 September 2025 [2] 松岡宗嗣「同性パートナーの事実婚適用「負担だけ強いて保障しないのは差別」」1 October 2025 [3] 「同性「事実婚」に法的保護認める 最高裁決定」Nikkei.com, 19 March 2021 [4] Karin Kaneko “Same-sex partners should get spousal survivor benefits, Supreme Court rules” The Japan Times, 26 March 2024 [5] Doni Tani “Ishiba elected prime minister in runoff at special Diet session” The Asahi Shinbun, 11 November 2024 [6] “Takaichi Sanae: A Look at the First-Ever Woman to Lead the LDP” Nippon.com, 5 October 2025 [7] 「高市大臣「難しい問題」 同性婚の法制化に慎重姿勢」TV Asahi News, 9 February 2023 [8] 「選択的夫婦別姓に反対の高市早苗氏「通称使用の拡大を」…自民党保守派が会合で結集図る」Yomiuri Shinbun Online, 3 February 2025 [9] 松岡宗嗣「自民党総裁選「LGBT法案」賛否分かれる。党内をまとめられるのか」23 September 2021Photo: Japan Cabinet Office, by Yuukokusya, CC BY-SA 3.0, via Wikimedia Commons
