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Gay Sexual activity
Sodomy was criminalized in Japan in 1873, but the provision was repealed only seven years later by the Penal Code of 1880. The current Japanese legal code only indirectly addresses the issue of being gay in japan. Technically gay relations between consenting adults in private are not a crime. However, some local governments or prefectures have enacted laws that effectively raise the age of consent for gay conduct to eighteen, on the grounds of protecting the youth.
Prostitution is illegal under the 1958 "Prostitution Prevention Act." However, since homosexuality is not seen as sexual conduct in the criminal code but rather define it as "seikou-ruiji-kōi" (similar to sexual conduct), gay prostitution is often dealt with other local laws.
Gay Employment
The Japanese Self Defence Force does not formally bar volunteers on the basis of sexual orientation but in 1992 a representative for the SDF stated that there are no homosexuals in the Defence Force, suggesting that openly gay servicemen or lesbian servicewomen could be punished for their sexuality.
Japanese civil rights laws do not include protection from discrimination on the basis of sexual orientation or gender identity. However, in 1997 the group OCCUR (Japan Association for the Lesbian and Gay Movement) won a court case against a Tokyo government policy that barred gay and lesbian youth from using the "Metropolitan House for Youth." However, the court ruling does not seem to have extended to other areas of government sponsored discrimination. The city government of Tokyo has since passed legislation banning discrimination in employment based on sexual identity.
In 2004 Kazuhito Tadano, a heterosexual Japanese baseball pitcher, joined the American Cleveland Indians after being publicly blacklisted from playing on Japanese baseball teams. It had been previously revealed that he had acted in a gay pornographic film, along with other team members, when he was a member of the Rikkyo University baseball team.
Gay Accommodation
The Osaka residence board had limited subsidised housing to single persons, married or marriagable couples. The housing authority was explicity banned from providing such apartments to gay couples. However, due to the efforts of lesbian politician Kanako Otsuji, this law was repealed in 2005.
Gay Political support
The major Japanese political parties do not express much public support for Gay rights issues. In 1994 the then Foreign Minister Koji Kakizawa stated in Shokun! magazine that he was opposed to his party simply calling themselves the Liberals, because it might lead people to believe that they supported gays.
Both the ruling Liberal Democrats and Komei pledge to oppose all discrimination that women face, but do not address the issue of sexual orientation. Likewise, the major opposition party, the Democratic Party of Japan only offers a broad endorsement of equal opportunity. Yet, even the minor political parties have been reluctant to publicly endorse gay rights.
The defunct Japanese Green Party Rainbow and Green refused to address the issue, although as a part of the "Global Greens" movement they technically had endorsed a broad human rights agenda that included gay rights. The Liberal League homepage states that it opposes "any form of discrimination". Likewise the Japanese Communist Party also avoids the issue.
In 2001 The Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation be included in the nation's civil rights code, but the Diet has refused to take action.
In 2003 Aya Kamikawa became the first gay/transgender candidate to run for public office in Japan, Tokyo's municipal government.
In 2005 Kanako Otsuji, from the Osaka Prefectural Assembly, became the first gay Japanese politician to formally come out at the Tokyo Gay Pride Festival.
Gay Marriage
The Japanese Department of Registration (Gaimusho) recently received the order to confirm the heterosexual status of couples applying for marriage licenses, and, if the members of the couple were not of different sexes, to decline the application. gay/Same-sex civil unions and domestic partnerships performed in Germany (and presumably other countries) have no legal standing in Japan
