Leave it to video game companies to step up when the Japanese government won't.

In a recent update on Nintendo's corporate social responsibility site, the Kyoto-based game maker announced it had implemented a new initiative to create a work culture that supports and empowers all its employees. To do this, Nintendo introduced what it has dubbed the "Partnership System."

"Although same-sex marriages are not currently recognized under Japanese law, this system ensures employees who are in a domestic partnership with a same-sex partner have the same benefits as employees in an opposite-sex marriage," the company explained of the system that has been in place since March 2021.

Nintendo isn't the only Japanese game company to officially support same-sex domestic partnerships. Sega Sammy, best known for its Sonic and Yakuza series, has for years been proactive in supporting same-sex partnerships and educating employees.

"The Sega Sammy Group provides all employees with e-learning so they can learn basic knowledge on LGBTQ people, establishes external consultation services and revises various rules to treat same-sex partners in the same manner as spouses in marriage," the company announced in a 2019 press release. That same year, Sega Sammy was even a sponsor for Tokyo Rainbow Pride.

Under Japanese law, same-sex couples are prohibited from marrying. Last month, the Tokyo metropolitan government adopted legislation recognizing same-sex partnerships, giving couples rights previously denied them such as hospital visitation. But this is not legalizing same-sex marriage, and the rights of the new legislation still lag behind those of married opposite-sex couples. The Diet has failed to codify same-sex marriage into nationwide law — in 2021, it even failed to pass a promised LGBTQ bill a month before the country hosted a diversity-themed Olympics.

While the Tokyo metropolitan government's same-sex partnership policy is a win, a court decision that same month is not. In June 2022, the Osaka District Court issued a mealy-mouthed ruling that the country's ban on same-sex marriage did not violate Article 14 of the Japanese Constitution, which guarantees equity under the law.

But does Nintendo’s Partnership System really matter?

"Yes, it does," says Tokyo-based writer and union organizer Kat Callahan, who notes that individual companies and small municipalities across Japan seem to be trending in the same direction in support of same-sex marriage. "Every local or corporate policy is one more grain of sand on the scale — one more edging toward the tipping point."

Video games are played — and made — by a diverse cross-section of society. In order to hire the best talent, Nintendo, or any company for that matter, cannot discriminate. Japanese politicians, however, must merely pander to core constituents, which is why the government's ban on same-sex marriage does not reflect the views of the Japanese people. According to a 2021 Asahi Shimbun poll, 65% of respondents felt that same-sex marriage should be recognized. That number had increased from 41% just seven years earlier.

Japanese society has come a long way. Nintendo has come a long way, too. In 2014, the company was criticized for excluding depictions of same-sex marriage from its simulator Tomodachi Life. The option was not part of the game's original design when it was released in Japan. Nintendo of America apologized, noting that adding same-sex marriage to the game would be a massive overhaul and require more than a simple update. The company promised if it ever made another Tomodachi Life, it would include the option.

Eight years later, Nintendo is doing way more than that. Now, it’s the Japanese government’s turn to step up.