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Japan’s LGBT Law Pleases No One

SNA (Tokyo) — Both sides of the political spectrum are disappointed by the newly passed anti-LGBT discrimination law, but for different reasons.

The LGBT Understanding Act, which passed on June 16, is Japan’s first legislation meant to tackle discrimination against sexual minorities. But compared to the initial draft, what finally passed the Diet was severely compromised. The 2021 draft had stated that discrimination based on gender identity or sexual orientation should not be tolerated, but this was later changed by the ruling party to “there should be no unfair discrimination.”

One important characteristic of the new LGBT law is that it is simply an encouragement of diversity rather than a firm prohibition on discrimination. No penalties for violations are included.

“It is extremely regrettable that this law—which should have historical significance as the first law in Japan to address sexual orientation and gender identity—is so different from the anti-discrimination law we have been seeking, and we must express our concern,” commented Japan Alliance for LGBT Legislation.

LGBT supporters are particularly dismayed by a line in the final legislation which states: “It should be ensured that all citizens feel safe.” Some believe that this wording could be interpreted in a manner that will be harmful to the rights of the LGBT community.

But if many LGBT supporters are unhappy with the new law, some conservatives and nationalists are also displeased.

“I am not satisfied with the contents of the bill,” declared Akiko Santo, LDP lawmaker and a former president of the House of Councillors, after she walked out on the vote. “There have been crimes committed by people impersonating women in women’s restrooms,” she asserted.

Two other members of the ruling party also walked out on the vote to demonstrate their keen disapproval.

On the same day that the law was passed, some LDP members formed the “Parliamentary Association for Protecting Women’s Spaces,” aiming to address their concerns about transgender women entering the female restrooms and baths.

Conservative and nationalist outrage could also be found on social media.

A Japanese nationalist who goes by the pseudonym “Tama,” declared on Twitter that “the LGBT bill—a bill that tramples on women’s rights—is forcibly passed by Kishida administration.” Tama noted this in disgust to their more than 300,000 followers.

Mattari, a nationalist commentator with over 600,000 followers on Twitter declared: “They should just go back to the drawing board. They want to talk about what they would do if self-proclaimed women came into women’s spaces? Are they stupid? It means they shouldn’t have passed this LGBT law.”

The new LGBT understanding law asks governmental organizations, schools, and enterprises to promote diversity in sexual orientation and gender identity, suggesting that all genders and identities should be treated equally. The law requires local governments to draft and implement LGBT-related policies and to update their progress to public periodically. However, it only recommends that private entities provide more resources to spread awareness of LGBT rights, without any enforcement mechanism.

Before the recent G7 Hiroshima summit, US Ambassador Rahm Emanuel and UK Ambassador Julia Longbottom, among others, publicly pressured Japan to legalize same-sex marriage and to protect the rights of sexual minorities.

Japan is the only country among G7 that does not legally recognize same-sex marriage.

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