Breaking with Conservatism? - A Bolder Japanese Judiciary on the Rights of Sexual and Gender Minorities

Abstract

The Japanese Supreme Court has been described as “the most conservative constitutional court in the world”. And, though lower courts can sometimes be more active, the Japanese judiciary as a whole tends also to be referred to as conservative. However, recent developments challenge this view. In particular, Japanese courts have begun to issue rulings in favour of the rights of sexual and gender minorities on issues like same-sex marriage and gender recognition. Do these decisions suggest that the conservatism of the Japanese judiciary has been overstated – or are they signs of change?

Keywords

• gender equality
• Judicial Activism
• minority rights
• Same Sex Marriage
• transgender rights