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Japan does not recognize same-sex marriages or civil unions. On 20 June , a district court in Osaka upheld the constitutionality of the same-sex marriage ban. The Sapporo court also ruled that Article 24 of the Constitution, which defines marriage as "based only on the mutual consent of both sexes", does not prohibit the recognition of same-sex marriages. In June , a Fukuoka district court ruled that the ban was in a "state of unconstitutionality", [ 12 ] and in March the Sapporo High Court issued a similar verdict, stating that the same-sex marriage ban violated the Constitution.
While there are no records of same-sex marriages as understood from a Western perspective being performed in pre-modern Japanese culture, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. During the Edo period , some forms of same-sex relations were recognized. The relationship, which involved sexual relations, would be dissolved once the boy reached adulthood or left the monastery.
Both parties were encouraged to treat the relationship seriously and conduct the affair honorably, and the nenja might be required to write a formal vow of fidelity. The older partner was permitted, if the younger partner agreed, to take him as his lover until he came of age; this relationship, often formalized in a "brotherhood contract", was expected to be exclusive, with both partners swearing to take no other male lovers.
Although sexual relations were expected to end when the younger partner came of age, the relationship would, ideally, develop into a lifelong bond of friendship. It is believed that the Ainu people traditionally recognized people who fulfilled a cultural third gender role.
