LGBT Rights in Tokusima Perfecture

Tokusima is governed by federal Japan law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    Varies by Region
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    Varies by Region
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    Ambiguous
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (6-month deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Tokusima

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Homosexual activity in Tokusima is legal.

Current status
Since 1881
Legal
Anal sodomy was decriminalized in 1881 when the provision was dropped from Japan's Penal Code. It was eliminated by supervision of Gustave Boissonade, a French legal scholar who served as an advisor to develop the legal system in Japan.
Illegal (other penalty)
Sodomy ("keikan") was criminalized in 1873 with article 266 of the Meiji Legal Code, however, it was hardly ever punished, with only 20 recorded instances of sodomy during 1876 to 1881.
Sources:
Homosexuality in Modern Japan: Cultural Myths and Social Realities by Mark J. McLelland
books.google.com/books?id=d… Male
iglhrc.org/sites/default/fi…
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Same-sex marriage in Tokusima

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Same-sex marriage in Tokusima is varies by region.

Current status
Since Jan 1, 2023
Varies by Region
Japan high court has upheld their rulings for keeping same-sex marriage illegal. Most recent ruling being 2023, Toyoko has begun issuing special same-sex partnership certificates. However, they do not mirror same-sex marriage certificates from the country.
Sources:
apnews.com/article/japan-lg…
amnesty.org/en/latest/news/…~:text=The%20Court%20still%20upheld%20the,same-sex%20marriage%20was%20unconstitutional.
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Censorship of LGBT issues in Tokusima

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Censorship of LGBT issues in Tokusima is no censorship.

Current status
No censorship
In Japan, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Sources:
In Japan, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Tokusima

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Right to change legal gender in Tokusima is legal, but requires surgery.

Current status
Since Apr 1, 2022
Legal, but requires surgery
Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 18 years of age, (2) not currently married, (3) no child less than 18 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.

On October 16th 2023, a Japanese transgender man won his case in court to allow him to change his legal gender without sterilization. The law was deemed unconstitutional. It remains to be seen what changes will be made to the law and when they will come in effect.
Dec 19, 2008–Mar 31, 2022
Legal, but requires surgery
Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child less than 20 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.
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Jul 16, 2004–Dec 18, 2008
Legal, but requires surgery
Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.
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Gender-affirming care in Tokusima

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Gender-affirming care in Tokusima is legal.

Current status
Since 1995
Legal
In 1995, Japan adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal, but restricted for minors
In 1979, Japan adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Legal recognition of non-binary gender in Tokusima

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Legal recognition of non-binary gender in Tokusima is not legally recognized.

Current status
Not legally recognized
Non-binary gender is not legally recognized in Japan.

However, the city of Yokosuka recognizes the relationships of people of all genders, including "x-gender", the common term for non-binary in Japan.

LGBT discrimination in Tokusima

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LGBT discrimination in Tokusima is illegal in some contexts.

Current status
Since 2018
Illegal in some contexts
Housing discrimination is illegal in Japan. Japan does not have national employment anti-discrimination laws, although Tokyo, Ibaraki and Akita offer local protections.
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Until 2018
Illegal
Housing discrimination is illegal in Japan, and employment discrimination is illegal in Tokyo, Ibaraki and Akita (Nationwide pending)

LGBT employment discrimination in Tokusima

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LGBT employment discrimination in Tokusima is varies by region.

Current status
Varies by Region
While the Equal Employment Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity. The Tokyo Metropolitan Government has passed legislation banning discrimination in employment based on sexual orientation and gender identity.

Companies in Japan consisting of ten or more employees are required to establish work regulations. In January 2018, the Ministry of Health, Labor and Welfare revised the Model Rules of Employment which "stands as the example framework for work regulations", to prohibit discrimination based on sexual orientation and "gender identification". Article 15 reads:

In addition to what are provided for from Article 12 to the preceding paragraph, employees are prohibited from any other forms of harassment at the workplace that are damaging to the work environment of other employees such as by way of speech or behaviour related to sexual orientation or gender identification.

LGBT housing discrimination in Tokusima

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LGBT housing discrimination in Tokusima is sexual orientation and gender identity.

Current status
Since 2003
Sexual orientation and gender identity
Since autumn 2003, the Urban Renaissance Agency, the government agency that operates government housing has allowed same-sex couples to rent units the same way as heterosexual couples at any one of the over 300 properties that it operates. This opened the way for more such action, as the Osaka Government in September 2005 opened the doors of its government housing to same-sex couples.

In February 2018, the Ministry of Health, Labor and Welfare created provisions addressing discrimination in housing, stating that "consideration must be taken to not deny lodging on the basis of sexual orientation or gender identity."

Same-sex adoption in Tokusima

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Same-sex adoption in Tokusima is ambiguous.

Current status
Ambiguous
The US State Department states: "there are no laws regulating or addressing same-sex couples adopting in Japan."
It was reported in 2016 that many same-sex couples have been rejected by public authorities and are told “Children will never be fostered” by same-sex couples and “couples of friends are not accepted.”
There is however one documented case from 2016 of same-sex foster parents in Osaka.

Intersex infant surgery in Tokusima

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Intersex infant surgery in Tokusima is not banned.

Current status
Not banned
Japan didn't ban intersex infant surgery
Sources:
no sources
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Serving openly in military in Tokusima

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Serving openly in military in Tokusima is legal.

Current status
Since May 3, 1947
Legal
Japan has a Self Defense Force in place of a traditional military. There is no specific policy either banning or encouraging LGBT participation in the Self Defense Forces. Research by Sabine Fruhstuck has shown that many Japanese do not object to open LGBT service in the military provided it does not interfere with their performance.
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Blood donations by MSMs in Tokusima

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Blood donations by MSMs in Tokusima is banned (6-month deferral).

Current status
Since Apr 1, 2011
Banned (6-month deferral)
Red Cross Japan reduces deferral for high HIV risk individual from 12 months to 6 months.
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2005–Apr 1, 2011
Banned (1-year deferral)
Gay men in Japan are banned from donating blood following one (1) year after male-male sexual contact. Japanese Red Cross opposses this practice.

Conversion therapy in Tokusima

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Conversion therapy in Tokusima is not banned.

Current status
Not banned
There are no laws banning conversion therapy in Japan.
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Equal age of consent in Tokusima

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Equal age of consent in Tokusima is equal.

Current status
Since May 3, 1947
Equal
The national age of consent is equal for both same-sex couples and opposite-sex couples. Cities and prefectures may set higher ages of consent.
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