The Japanese constitution is explicit that marriage is based on the free consent of ‘both sexes’ (Article 24). The Civil Code refers to marital relationships using the words husband, wife and spouse. Before entering into a foreign marriage, Japanese nationals are required to obtain a certificate from the Japanese government containing basic information about both parties to the planned marriage, including marital status, age, sex and nationality. In March, 2009, Japan began issuing such documents in cases where the foreign marriage was a legal same-sex marriage (Wockner 2009). There is no information on whether the certificates are effective in facilitating residency for foreign same-sex spouses in Japan. Some have used Japan’s law on adult adoption to create a legal family relationship with a same-sex partner (Maree 2004: 541—49; Mackie 2013: 1-18).
Otsuji Kanako, the first open lesbian to hold elected office in Japan (in the Osaka Prefectural Assembly) supported ‘domestic partner’ rights in an interview shortly after publishing her book Kamingu Auto (Coming Out) in 2005 (Tsubuku 2005). The first openly gay man to hold elected office, winning a seat in a ward in Tokyo in April, 2011, promised to work for a partnership ordinance that would cover all unmarried couples, giving equal rights to marry (Japan Times 2011).