What is considered a same-sex marriage? Legal sex and employment?

1. Would it be impossible to work or study in Japan if I kept my birth sex on my IDs? I’m gay and don’t want to lose the right to marry. I would maybe be fine with presenting as my birth sex if my work or whatever wanted me to, but I can’t do a particularly convincing job of it what with my voice. The hospital that does my hormones says they know how to get them in Japan (they’re a very good hospital with lots of connections), so that would be fine. Do you need to disclose your birth sex to employers at all? I know that Japanese citizens can just circle the other box on their 履歴書 and nobody is likely to notice, but the visa process seems more involved
2. Is there any way of doing both? Like, say, changing my sex once and having M on my IDs but changing it back and my legal sex being F (I don’t think there’s a requirement to update your IDs except when they run out?). What do they reference when considering whether a marriage is same-sex or not? Could we argue that since I would be F if I were Japanese (haven’t gotten surgery), it’s actually not a same-sex marriage? Could I secure employment and then change my legal sex at a later date? (Since in my home country I can do so at any time and at little cost)

None of this is particularly relevant right now (since marriage would be something very very far in the future) but I want to find out cause it’s important to me

3 comments
  1. Your sex as recorded on your legal documents will reflect your legal sex in your home country identification documents at the point of migrating, I believe. Changing your sex in Japan requires changing it in your home country, then reporting the change to immigration in Japan.

    There are no real legal requirements as far as how you present. I don’t know for sure, and it might differ by employer, but you will probably be asked to declare your sex to your employers at some point; it is also fairly likely that they would question a deviation from your legal residential identity. But I don’t know about this for sure.

    Regarding marriage, [this article](https://www.japantimes.co.jp/news/2021/06/21/national/crime-legal/elin-mccready-gender-transition-marriage-lawsuit/) might be illuminating.

  2. Your entire legal identity in Japan flows from your passport. If your passport says Male, you’re legally male in Japan. If it says Female, you’re legally female.

    >I would maybe be fine with presenting as my birth sex if my work or whatever wanted me to, but I can’t do a particularly convincing job of it what with my voice.\

    At a large number of Japanese workplaces (Though not all) you will be required to present as whatever your legal gender is.

    >Is there any way of doing both? Like, say, changing my sex once and having M on my IDs but changing it back and my legal sex being F (I don’t think there’s a requirement to update your IDs except when they run out?)

    Like u/nashx90 said: The only way to change your legal gender in Japan would be to change your legal gender in your home country, getting an updated passport, and then informing immigration of the change.

    >Could we argue that since I would be F if I were Japanese (haven’t gotten surgery), it’s actually not a same-sex marriage?

    No. Two reasons:

    1. Again, your legal gender is what is on your passport. Any attempt to argue that you would be X gender if you were Japanese will be met with a curt “But you’re ***not*** Japanese, so what’s on your passport?”
    2. This sounds like an attempt to out-bureaucracy the Japanese government. You *cannot* out-bureaucracy the Japanese government. No one can.

    Frankly, if one of your primary goals is to protect your ability to marry you need to move to a country that has legalized same-sex marriage. Don’t try to loophole your way into it.

  3. i’m also trans and my legal gender everywhere is “X” (nonbinary). I have similar questions but havent gotten many answers 🥲

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