Shibuya Ward's "Same-sex Partnership Ordinance"

On March 31, 2015, the municipal assembly of Tokyo's Shibuya Ward passed by a majority vote the "Ordinance for Promoting Respect of Gender Equality and Diversity in the Ward."

This ordinance is particularly noteworthy for its abolition of discrimination against sexual minorities by public officials, residents, and businesses in the ward. It enables "same-sex couples who are not so diff¬erent to heterosexual married couples" to officially register their partnerships in the ward. Thus, it has come to be referred to as the "Same-sex Partnership Ordinance." It is the first ordinance in Japan, on a national or municipal level, to attempt to off¬er some legal protection to same-sex couples.

Under this ordinance, same-sex couples who are granted partnership certification shall be accorded "the maximum possible consideration" by local residents and businesses, and "full respect" and "fair or appropriate treatment" from municipal offices. Although this partnership certification may seem rather vague, it is expected to result in some improvements in civil matters for same-sex couples: (1) rental housing within the ward (co-signing of tenancy agreements for municipal/public housing), (2) medical institutions within the ward (hospital visitation and medical decision-making rights as family members), and (3) employment conditions within the ward (e.g. family benefits, congratulations and condolence leave).

To receive the partnership certification, couples must submit two types of notarized documentation: (1) a voluntary guardianship contract in which each partner appoints the other as a guardian, and (2) a cohabitation agreement that attests to their partnership and financial relationship.

Although the partnership certification part of this new ordinance had still not been enforced at the time of writing, Mayor Ken Hasebe, at his first press conference after winning the election on April 26, announced that the first certificates will be issued by the end of October. (The ordinance had been one of the key debates in the mayoral race, and Hasebe, as an independent assembly member, had campaigned for its adoption.)

There are a number of problems with this ordinance: (1) Its legal ramifications are unclear, and it has little legal binding force. Therefore, every time a case of discrimination or disadvantage arises, the victims must refer to the ordinance to resolve the case themselves; (2) it is not equivalent to marriage, as it does not accord same-sex couples the same rights as heterosexual couples when it comes to inheritance, joint filing of taxes, or social welfare; and (3) tens of thousands of yen are required to obtain the notarized documents for the certification, which imposes a significant financial burden. The local government is also being criticized for pinkwashing because the "diversity" it supposedly promotes does not appear to be applied to all sectors of society ? while passing this ordinance, the administration also moved to expel the homeless in Miyashita Park and other parks in the ward.

Despite the limitations of this ordinance, it has ignited unprecedented debate nationwide, with Prime Minister Shinzo Abe responding to questions on same-sex marriage in the Diet. Will Shibuya's initiative prompt further quantitative and qualitative changes for LGBTs in Japan? Will it spread to other municipalities, regions, and the entire nation, help same-sex couples achieve an equivalent legal status to that of heterosexual married couples, and eventually enable us to secure and protect the human rights of all sexual minorities? It is only with future developments that the true merits and impact of this new ordinance will be revealed.