Feature: Shibuya schools Japan on equal rights for same-sex partners

Japan's lesbian, gay, bisexual and transgender (LGBT) community have been celebrating a monumental step forward in gaining equal rights as Tokyo's Shibuya ward became the first district in Japan to recognize same-sex partnerships.

On Wednesday, an ordinance went into effect following the Shibuya district assembly on Tuesday voting overwhelmingly in favor of the district issuing certificates to same-sex couples that confirm they are in relationships"equivalent to marriage," marking the first time a municipality in Japan has thrown its weight behind such a stature.

The mayor of Shibuya, Toshitake Kuwahara, said that accepting diversity reflected the district itself, which is a hodgepodge of shops, boutiques, restaurants, clubs and startups, and probably best known globally for its"scramble crossing"pedestrian junction, where hundreds of thousands of people converge daily from multiple directions to cross the roads en masse, before the lights change and vehicles push back the throngs.

The crossing itself, widely photographed by tourists and often featuring on TV shows and in Hollywood movies such as "Lost in Translation," "The Fast and the Furious: Tokyo Drift" and " Retribution," has been described by one authority on the matter as a perfect analogy for the gay rights movement here. "People from every walk of life come to Shibuya for a myriad of different reasons and at scramble crossing they all become a united front, with a singular purpose, to get to the other side of the road unscathed. Unscathed by other pedestrians and uninjured by vehicles,"author and sociologist Keiko Gono told Xinhua. "In this situation, everybody shares that fundamental right. There's no law saying teenagers should cross here, salary men there, foreigners have to use the underpass and gay people the overpass, that would be ridiculous. Not granting same-sex couples the opportunity to be viewed as equals to straight married couples would be equally as discriminatory and ridiculous,"she said.

Gono concurred with remarks from Kuwahara, who said that it was true that Japan's LGBT has been living in fear, with constant worries about their future and repressive issues of self-doubt. The move to grant certificates to same-sex couples is a step towards realizing a society where everyone can live in hope, Kuwahara said.

The first certificates will be issued in July, and will only applicable to Shibuya residents and will be legally non-binding, but the move by Shibuya ward marks a giant step forward in attempts to better ensure Japan's LGBT community receive greater equality, recognition, public awareness and understanding, with the hope being that other wards across Japan will make similar decisions. "This is just the first step and two other wards in Tokyo and one in Yokohama are considering following Shibuya's landmark move, but overall Japan is still a conservative society and there was a backlash against this ordinance by local conservative factions and have even been anti-LGBT protests on the streets," Gono said. "But it's a huge victory and this is something that the LGBT community could never have imagined 10 or 20 years ago. Most importantly, for LGBT individuals who are living their lives in fear, lying to their families and colleagues about their sexual orientation, perhaps this move will encourage and support them to speak out and live their lives openly and freely,"Gono added.

The couples eligible for the certificate must reside in the ward and be aged 20 years or older and the couples would have to designate each other as guardians, should their situations dictate and the certificates would be nullified if the couples were to break up, and while the certificates are not legally-binding those who discriminate against the couples -- meaning not treat them in exactly the same manner as they would to a straight married couple- - will be named on the ward's public website, according to the ordinance.

But the ordinance doesn't guarantee a discrimination-free life for same-sex couples and while Shibuya is a hub for entertainment and commerce, it is only one ward in Japan and in other locations, attitudes, it would seem, remain less liberal. "When we go to places like Shibuya or Shinjuku, or even Roppongi, nobody cares that we're gay, because everybody is too busy doing their own thing and having a good time,"said Yuta Ishii, 28, a systems engineer in Shinagawa. "But if we go outside of central Tokyo, say to Chiba or Saitama or further afield for a weekend trip or to escape the hullabaloo of Tokyo, the discrimination we feel is far more intense and at times intimidating,"Ishii said.

He recalled a time when he and his boyfriend visited a famous onsen (hot spring) region in Japan and were kicked out the bath and the hotel for being gay. "It was our third year anniversary so we'd booked into a really nice hotel at one of the best onsens in Japan and were really looking forward to celebrating and enjoying some peace and quiet," said Ishii's partner Toby Milner a 30-year old language instructor from the United States. "We're not one of those couples who are constantly displaying their affections in public, far from it, but there was a moment in the onsen we held hands briefly and shared a discreet kiss,"said Milner. "Well, apparently it wasn't discreet enough, as the next thing we know there's an uproar from a couple of old guys in the onsen and we're being told to get out. The next thing I know Yuta is telling me that we'd better pack our bags and leave or there could be more trouble,"recalled Milner. "We definitely feel safer, freer and less under scrutiny in big towns and cities and regardless of the new ordinance, Shibuya has always been our favorite place to hangout,"said Ishii, adding that his Japanese gay friends had had to deal with far more harrowing and violent instances of discrimination, including one friend being glassed in a bar, another being assaulted on a train by multiple attackers, and a pair being beat unconscious by thugs in a park. "As with the rest of the world LGBT individuals and their partners in Japan are often on the receiving end of discrimination that can manifest as verbal or physical violence. More often they suffer incredible discrimination from bullies at work, or find it difficult to secure jobs in the first place,"Gono said. "Landlords are also well known here to not allow LGBT individuals or couples to rent property, which means if a non- straight person or couple are struggling with family relations and want to move out, it's very difficult and this exacerbates the issues at home,"she said. "Shibuya's ordinance seeks to address some of these issues, so that LGBT individuals and particularly couples are viewed as equals and have the same entitlements, as it should be,"the sociologist said.

In a poll taken by Dentsu Innovation Institute comprising 70, 000 people, more than 5 percent identified themselves as being a member of the LGBT community, and other surveys have shown that attitudes towards"new marriages"in Japan have been changing over the years, with marked differences being shown by young people.

Compared to a poll spanning all generations which showed that 52 percent of pollsters opposed same-sex marriages, while 42 percent were in support, 70 percent of those surveyed under 20 were in support of same-sex marriages, Nihon Yoron Chosakai's survey revealed recently. "We have never actually thought about getting married,"said Ishii."But now we're thinking of relocating to Shibuya because we spend so much time here anyway, it just makes sense, but more importantly, Shibuya has shown itself to be a progressive ward and I think, as a gay couple, we'd just feel more comfortable and accepted here,"he said.

But experts believe that while Shibuya's progressive attitude is a victory for same-sex couples and the wider LGBT community, a lot of work still needs to be done to fight discrimination in Japan's fiercely conservative society. "It's definitely a step forward for the LGBT community, but so much more needs to be done and the first step is to address LGBT rights legally. With a legal foothold, acts of discrimination become hate crimes and thus should be dealt with more severely by the police and the courts. The next step has to be the legal recognition of LGBT rights and I believe this will happen here, but it could take a while,"concluded Gono. Endi