Category: Japan

2025 LGBTQ rights update: Many bright spots in Asia amid the gloom

Read more at Erasing 76 Crimes.

East and Southeast Asia

Japan: The long slow march to eventual same-sex marriage continued in Japan in 2025, with resolution still looking a year or more away. Three more high courts ruled on the constitutionality of the same-sex marriage ban. Those in Nagoya and Osaka found the ban unconstitutional, but a Tokyo high court ruled it constitutional. Together with three other courts that found the ban unconstitutional, that creates a circuit split that will have to be resolved by the supreme court, where a case has already been filed.

A further case has also been filed to the supreme court by a transgender woman who is seeking to have her legal gender changed without ending her marriage to her wife. Lower courts in Kyoto and Osaka ruled against her this year.

In what’s perhaps a bad sign for all this, the supreme court ruled against a married binational same-sex couple who were seeking a residence visa for the non-Japanese partner.

But that hasn’t stopped other progress on relationship recognition. Following last year’s supreme court ruling that same-sex partners should be entitled to surviving family benefits for victims of crime, the government announced in January that dozens of laws that applied to common-law couples would now apply to same-sex couples. These included domestic violence laws, leases and rents, and disaster support, but excluded over 120 laws such as social security and pensions. And the government proposed an assisted reproduction bill that specifically excludes same-sex couples and bans surrogacy.

And Okinawa prefecture enacted a same-sex partnership registry in 2025, while Nagasaki has announced plans to introduce one in 2026. That’ll bring the total to 32/47 prefectures and more than 500 municipalities representing more than 90% of the population.

Japan elected its first female prime minister this year, and she’s a conservative hardliner who has expressed strong opposition to same-sex marriage, so the odds of legislative advancements look slim for the next few years.

China: The government’s attitude toward the LGBTQ community turned icy again this year, with a deepening crackdown on queer expression, including ordering the removal of gay networking apps from app stores, censorship of foreign films to remove queer characters, and arrests of gay erotica writers.

In Hong Kong, the government failed to meet a court-imposed deadline to enact a civil partnership bill, after the legislature voted down the government’s very weak bill in September by a 71-14 margin. It’s unclear what couples can do from here.

Earlier in the year, a Hong Kong court ruled that banning trans people from using gender appropriate toilets was unconstitutional.

Taiwan: The government introduced bills that would open assisted reproduction to single women and same-sex couples, although it does not include surrogacy, which it says will be considered later.

A lawsuit was filed challenging the surgery requirement to change legal gender.

Taiwan was supposed to host WorldPride this year, but it withdrew back in 2022 when WorldPride ordered that it should not use the name “Taiwan” in the event name. The event was instead held in Washington, DC.

South Korea: A life partnership bill was proposed but has not advanced at all in the legislature. Meanwhile, two couples filed a case at the supreme court seeking same-sex marriage rights. And the government announced it would count same-sex couples as “spouses” in its next census.

The newly appointed minister for gender equality said she would make passing a long-stalled anti-discrimination bill, with protections for LGBT people, a priority. So far, no news on that front.

Thailand: Last year’s same-sex marriage and adoption law came into effect in January 2025, making Thailand the first place in southeast Asia to legalize it. Still, married couples continue to face legal discrimination when it comes to accessing surrogacy and residency permits for binational couples.

But a promised gender recognition law never materialized.

Vietnam: The government cracked down on some gay events this year, following a change in leadership of the Communist Party. Talk of expanding LGBT rights and possible same-sex marriage is likely dead for a while.

A long-stalled gender affirmation bill did not advance in 2025.

The government reduced the number of crimes that are eligible for the death penalty from 18 to 10, which it is explicitly pitching as a step toward abolition.

Indonesia: Multiple raids took plays on gay events and gay bars, in what looks like a deepening crackdown on queer people. A bill was also introduced that would ban LGBTQ behavior online.

Indonesia’s new criminal code moves the death penalty from the primary form of punishment to an alternative punishment, which is a baby step toward abolition.

Malaysia: You guessed it, crackdowns on gay events here, too.

Kelantan state amended its shariah-based criminal code to remove sections on sodomy, which the constitutional court said were redundant considering it’s already covered under federal law.

One bright spot – the government is beginning a study in the new year on full abolition of the death penalty. It took a step toward this in 2023 by abolishing mandatory death penalties from its criminal code.

Singapore: Parliament passed a workplace discrimination law that specifically excludes protections for LGBTQ people.

The high court dismissed an appeal seeking abolition of mandatory death penalties from the criminal code, but plaintiffs have said they will appeal.

Philippines: The supreme court ruled that homosexuality was grounds for annulment of a marriage.

Aklan province passed a non-discrimination ordinance.

Timor-Leste: The country joined the ASEAN bloc, and also the Southeast Asian Nuclear Weapons Free Zone.

Central and South Asia

Kazakhstan: The nation enacted a Russia-inspired “LGBT propaganda” law, which includes punishments of a fine and ten days in prison.

Krygyzstan: The government attempted to reintroduce the death penalty for sex crimes involving children this year – which seems to me like a common pretext for a witch hunt against queer people. Fortunately, the president submitted the proposed constitutional amendments to the constitutional court, which ruled that they were unconstitutional, as the current constitution explicitly prohibits reintroducing the death penalty, and doing so would violate Kyrgyzstan’s obligations under international treaties it has signed.

Kyrgyzstan also signed, but has not ratified the Treaty on the Prohibition of Nuclear Weapons.

Afghanistan: In July, the International Criminal Court issued warrants for two Taliban leaders for their alleged crimes against women, girls, and the LGBTQ community – the first time the ICC has sought warrants for crimes against LGBTQ people.

Pakistan: The government introduced a bill to eliminate the death penalty for two crimes, part of an association agreement with the European Union.

India: The central government took steps to ensure equality for same-sex couples under a number of laws and programs – though it still opposes same-sex marriage. The government was ordered to review all laws and promote equality when the supreme court shot down a marriage case in 2023. The court also considered and refused a petition to revisit that decision this year. Still, lots of other laws are being challenged in the courts by queer couples, including a domestic violence law which is phrased such that it only applies to husband-and-wife pairs, and equal income tax treatment.

Also this year, the court directed the government to review how it is implementing rights for trans people and to review sex education to ensure it is inclusive. A separate case was filed at the supreme court seeking distinct legal recognition for intersex people, as apart from transgender people. The high court of Andra Pradesh state ruled that transgender women are women under domestic violence law. The Kerala high court ruled that the state must issue a birth certificate to a child of a trans person that identifies its parents as “parents,” not “mother and father.” A judge in Madras ruled that same-sex couples have a right to a family life together, and cannot be forcibly separated by disapproving parents.

Karnataka state passed a hate crime and hate speech law that includes protections for LGBT people, and issued new regulations banning anti-LGBTQ discrimination in child protection services. Tamil Nadu state has made LGBTQ sensitivity training mandatory for all doctors.

Bangladesh: I must’ve edited a dozen or more stories about violent attacks on queer people in Bangladesh at 76crimes.com this year.

Bhutan: The government issued a set of film regulations that includes a prohibition on incitement to hatred or violence based on sexual orientation or gender.

Nepal: We still haven’t gotten a final decision from the supreme court on same-sex marriage, but the leading LGBT organization has counted 17 same-sex couples who’ve gotten married in the country since the 2023 ruling legalized it. Nevertheless, Wikipedia editors continue to claim that Nepal is not a same-sex marriage country.

The first gender-affirming surgery was performed in the country in June, and it is now considered available there.

Sri Lanka: There has been no progress on a bill to decriminalize gay sex – and the local Catholic bishop is whipping up conspiracy-based opposition to it. Last year, the island passed a Women Empowerment Act that included a prohibition on discrimination based on sexual orientation or gender identity.

Middle East

Israel: Well, at least the war in Gaza has mostly cooled down this year, although it’s clear that the suffering continues and it looks like we’ve just reached a pause in hostilities rather than a cessation.

On LGBT issues, Israel registered its first adoption by a same-sex couple in January. Same-sex adoption had been legal on paper for years, but in practice, the administration threw up so many roadblocks, it couldn’t happen until a supreme court ruling last year ordered the government to stop putting same-sex couples at the back of the adoption queue.

The opposition brought a bill to create civil (secular) marriage (including same-sex marriage) and a couples registry to a vote in the Knesset last week, but despite getting some cross-party support, it failed to pass.

Israel is expected to go to vote on a new Knesset by October 2026, and polling is currently very tight between the government and opposition blocs, but ten months is a long time in Israeli politics. While we can all hope that Netanyahu and his allies are given a thumping defeat next year – anything would be better than this government’s record on Palestinian and LGBTQ rights – the opposition may not be able to deliver same-sex marriage, as its current leading figure has stated his opposition to it in the past.

Lebanon: The state ratified the Convention on the Rights of Persons with Disabilities.

Oman: The country ratified the International Covenant on Civil and Political Rights, effective Feb 2026. This is a pretty major development, as international jurisprudence holds that the ICCPR requires decriminalization of sodomy.

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Court’s ruling against same-sex marriage sets up a Japan Supreme Court decision

Read more at AP News.

A court found Japan’s refusal to legalize same-sex marriage was constitutional Friday in the last of six cases that are expected to be brought to the Supreme Court for a final and definitive ruling, possibly next year.

The Tokyo High Court said marriage under the law is largely expected to be a union between men and women in a decision that reversed a lower court ruling last year and was the first loss at high courts in the six cases brought by those seeking equal marriage rights.

Judge Ayumi Higashi said a legal definition of a family as a unit between a couple and their children is rational and that exclusion of same-sex marriage is valid. The court also dismissed damages of 1 million yen ($6,400) each sought by eight sexual minorities seeking equal marital rights.

Plaintiffs and their lawyers said the decision was unjust but they were determined to keep fighting through the Supreme Court.

“I’m so disappointed,” plaintiff Hiromi Hatogai told reporters outside the court. “Rather than sorrow, I’m outraged and appalled by the decision. Were the judges listening to us?”

“We only want to be able to marry and be happy, just like anyone else,” said another plaintiff, Rie Fukuda. “I believe the society is changing. We won’t give up.”

With all six high court cases done, the Supreme Court is expected to handle all appeals and make a decision.

Though discrimination still exists at school, work and elsewhere, public backing for legalizing same-sex marriage and support in the business community have rapidly increased in recent years.

Japan is the only member of the Group of Seven industrialized countries that does not recognize same-sex marriage or provide any other form of legally binding protection for LGBTQ+ couples.

Prime Minister Sanae Takaichi ‘s conservative ruling Liberal Democratic Party is the main opponent of same-sex marital rights in Japan. The government has argued that marriage under civil law does not cover same-sex couples and places importance on natural reproduction.

More than 30 plaintiffs have joined the lawsuits on marriage equality filed across Japan since 2019. They argue that civil law provisions barring same-sex marriage violate the Constitutional right to equality and freedom of marriage.

Friday’s ruling was only the second that found the current government policy constitutional after the 2022 Osaka District Court decision.

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Japan expands protections for same-sex couples

Read more at Gay Times.

The Japanese government has expanded legal protections to same-sex couples.

According to The Japan Times, the government has decided to recognise same-sex couples as being in “de facto marriages” under nine additional laws, including the Disaster Condolence Grant law.

This follows a decision earlier this year to extend 24 existing laws – including the Domestic Violence Prevention Act, Land and House Lease Act, Child Abuse Prevention Act, and Public Housing Act – to same-sex couples.

Japan’s LGBTQIA+ community has long been engaged in a battle for marriage equality.

Currently, the country’s constitution defines marriage as “mutual consent between both sexes” and does not recognise marriage equality.

In March 2021, the Sapporo District Court ruled that the government’s refusal to recognise same-sex marriage was unconstitutional under Article 14 of the Japanese constitution, which bans discrimination based on “race, creed, sex, social status, or family origin.”

While the historic ruling offered a sign of hope for LGBTQIA+ equality, the community was hit with a major setback the following year.

In June 2022, a district court in Osaka ruled against three LGBTQIA+ couples and their call for same-sex marriage.

“From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition,” the court said on 20 June.

“Public debate on what kind of system is appropriate for this has not been thoroughly carried out.”

A few months later, a Tokyo court upheld the ruling.

However, despite the court doubling down on its stance, the presiding judge also stated that the lack of a legal system and protections for same-sex couples infringes on their human rights (per CNN).

While the marriage equality movement in Japan has suffered a handful of setbacks, it has also seen a few notable wins over the last three years.

In May 2023, the Japanese government faced renewed pressure when the Nagoya District Court ruled the country’s same-sex marriage ban unconstitutional.

In 2024, the Tokyo High Court and the Sapporo High Court issued separate rulings marking the ban as unconstitutional.

Most recently, Japan’s Osaka High Court and Nagoya High Court delivered similar decisions in March 2025.

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Japan Osaka court holds same-sex marriage ban unconstitutional

The Osaka High Court held that Japan’s lack of recognition of same-sex marriage is unconstitutional on Tuesday. The Osaka High Court is the fifth court to rule that the ban on same-sex marriage is unconstitutional after similar rulings in the high courts of Sapporo, Tokyo, Fukuoka and Nagoya.

While Presiding Judge Kumiko Honda upheld the Osaka District Court’s decision not to award damages, Honda ruled that Japan’s Civil Code and Family Register Act that do not allow same-sex marriage violates the right to equality as set out in Article 14 of the Constitution of Japan, which states: “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” The court also ruled that the marriage ban breaches Article 24, where laws involving marriage and family “shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.”

In 2019, three same-sex couples filed a lawsuit against the Japanese government, requesting 1 million yen (about $7,400) in damages per person from the state. They were among 14 couples who filed lawsuits in Sapporo, Tokyo, Nagoya, Fukuoka and Osaka. The plaintiffs had appealed to the High Court after the Osaka District Court in June of 2022 ruled that the lack of same-sex marriage recognition was constitutional under the 1947 constitution as marriage was for heterosexual unions only, making the same-sex marriage ban lawful.

Japan is the only International Group of Seven (G7) country that does not recognise same-sex marriage. Human Rights Watch put out a dispatch highlighting how the other G7 countries are encouraging Japan to enact laws to allow same-sex marriage, counter discrimination and uphold protections for sexual and gender minorities. Prior to the May summit in 2023, LGBTQ groups called for Japan’s government to legalise same-sex marriage and while support for the LGBTQ community grows and the Japanese Diet, Japan’s national legislature, passed the Act on Promotion of Public Understanding of Diversity of Sexual Orientation and Gender Identity, promoting understanding of the LGBTQ.

Amnesty International indicated in a report that protections for sexual and gender minorities are still absent. Currently, in Japan, same-sex couples have some recognition from local governments, such as “partnership certificates,” offering some rights, but these do not give rights such as inheritance, spousal visits or parental recognition.

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