Nintendo Tokyo store (Photo: Daryl Harding)
Despite the fact that Japan does not yet legally recognize same-sex marriage, Nintendo, one of Japan’s oldest companies and one of its most profitable, has come out and updated its corporate social responsibility (CSR) initiatives to give the same benefits to all couples that work at the video game company, including those in same-sex partnerships and common-law marriage.
Nintendo revealed on its CSR portal in both English and Japanese that the Partnership System began in March 2021 and “ensures employees who are in a domestic partnership with a same-sex partner have the same benefits as employees in an opposite-sex marriage.”
Same-sex marriage in Japan has been a contentious issue within the Japanese court system over the past few years.
In Sapporo in March 2021, a discrimination claim against the local government saw the Sapporo District Court rule that the Japanese government was “unconstitutional and discriminatory” in not recognizing same-sex marriages, though only violating Article 14 of the Constitution – which says “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.”
Though, the Sapporo District Court did not agree that Article 24 of the Constitution, which states “marriage shall be based only on the mutual consent of both sexes,” could interpret “both sexes” as either male or females, but rather male and female.
On the other hand, in Osaka in June 2022, the Osaka District Court ruled that the current Civil Law and Family Register Law, which does not recognize same-sex marriage, was constitutional. Though the court noted that the Japanese government not recognizing same-sex marriage had “grave effects” and called for more protections to be enacted to protect the rights of same-sex couples.
Many Japanese cities and prefectures, including where Nintendo headquarters are located in Kyoto, have introduced a Partnership System, allowing same-sex couples the same provisions and benefits as a married couple. Though these Partnership System certificates are non-binding like marriage certificates are and aren’t fully recognized by central Japanese law provisions, only local laws, can leave a person penniless when their same-sex partner passes. Also, these certificates are not recognized by the Ministry of Foreign Affairs, not allowing same-sex couples to apply for a Spouse Visa, even if they were married in a county that has legalized same-sex marriage.
Nintendo when updating its internal systems also updated its internal regulations to ban “discriminatory comments based on sexual orientation or gender identity, as well as disclosing someone's privately held sexual orientation against their will.”
With Japanese healthcare and a majority of systems run by the local governments, it is unclear what new benefits Nintendo has implemented in regards to starting the Partnership System internally that weren’t already given by Kyoto city when they enacted their certification of same-sex partners in September 2020.
On the CSR portal, Nintendo says that “Alongside the introduction of the Partnership System in Japan, we notified our employees about the issue of gender diversity with a message from our President as a means of raising awareness of what diversity means. In this message, the President called for all employees to adopt a renewed understanding that even speech and actions, which are not intended to harm, can cause significant emotional pain, asking for understanding and support to create an environment in which everyone can work comfortably.”
Source: Nintendo CSR Portal (in English) via denfaminicogamer.jp
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Daryl Harding is a Japan Correspondent for Crunchyroll News. He also runs a YouTube channel about Japan stuff called TheDoctorDazza, tweets at @DoctorDazza, and posts photos of his travels on Instagram.
Source: Latest in Anime News by Crunchyroll!
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