According to Kyodo News, the Sapporo District Court of Japan held for the first time in a judgment on a same-sex marriage lawsuit on March 17 that the Japanese government’s non-recognition of same-sex marriage was “unconstitutional”.
In January 2019, two gay men and a lesbian couple living in Hokkaido submitted marriage applications to the government, but they were rejected on the grounds of “illegal”. Therefore, in February of the same year, the six people sued the Japanese government for not acknowledging same-sex marriage as a violation of the Constitution, and demanded that the Japanese government pay 6 million yen in compensation.
The Japanese government was found unconstitutional for not recognizing same-sex marriage. What do you think?

On Wednesday, a Japanese court ruled that the government’s prohibition of same-sex marriage violated the Constitution, and for the first time recognized the rights of same-sex couples in the only G7 country that does not recognize their legal partnership. Although the court rejected the plaintiff’s request for government compensation, this precedent is a major victory for same-sex people and may affect similar pending lawsuits across the country. The Sapporo District Court stated that sexual behavior, like race and gender, is not a matter of personal preference. Therefore, it is unreasonable to prohibit same-sex couples from receiving the benefits of heterosexual couples. The court said: “The legal benefits brought about by marriage should have the same benefits for homosexuals and heterosexuals.” Judge Tomoko Takebe said in the ruling that not allowing same-sex marriage violates Article 14 of the Japanese Constitution and prohibits “based on race, belief, Discrimination based on gender, social status or family origin”. According to Japanese law, marriage should be based on the “mutual agreement between the man and the woman.” The current interpretation is that only men and women are allowed to marry. This ruling does not imply an immediate change in government policy, but it may affect other pending litigation decisions and prompt the government to change the law. Although Japan is raising awareness and support for LGBTQ people, discrimination still exists. Same-sex couples cannot inherit their partner’s house, property, or other property, nor can they enjoy parental rights to any children. More municipalities have issued “partnership” laws so that same-sex couples can rent apartments more easily, but they are not legally binding. In a stressful society, many gay people hide their sexual orientation and fear prejudice at home, school, or work. In a society where gender identity is very specific, transgender people also have difficulties. The campaign for equal rights for LGBTQ has lagged, because people who do not comply with LGBTQ are largely marginalized. Although Japan is the only G7 country that refuses to legalize same-sex marriage, this is not uncommon in the region. Taiwan is the only place in Asia where same-sex marriage is legalized. Since the passage of legislation in May 2019, thousands of same-sex marriages have been married. Japan’s ruling Liberal Democratic Party (LDP) holds an extremely conservative and paternalistic view of family composition, and its policies hinder women’s progress and acceptance of gender diversity. Legislators in power have been criticized many times for discriminatory remarks against sexual minorities for “lack of productivity.” The Sapporo District Court rejected the demands of six plaintiffs-two male couples and one female-for the Japanese government to pay 1 million yen (US$9,100) to make up for the difficulties they faced because they were unable to get married legally. However, the Sapporo Court’s ruling on the unconstitutional government ban was seen as an important step forward for the plaintiffs and their supporters, setting a precedent for similar court cases and raising their hopes for legal changes. There are four other lawsuits in Tokyo, Osaka, Nagoya and Fukuoka. Japan’s refusal to issue spouse visas to same-sex couples legally married overseas is a growing problem that forces them to live apart temporarily. The American Chamber of Commerce in Japan last year urged Japan to legalize same-sex marriage, saying that talented people would choose to work elsewhere, thereby reducing Japan’s international competitiveness.


By zhiwo

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8 months ago

“It’s a bit cold. Turn on the air conditioner to 28 degrees.” “You said that you can turn it up, so you can pay it back? What if the opening is turned on and someone makes trouble to turn it to 68 degrees in the future?” “It’s because you want to turn it on. High air-conditioning, wages will drop soon” “Look at Western xxx, because the air-conditioning is turned on to 98 degrees, and now the water is very hot all day, you are trying to pull us into the fire pit” “If everyone can move to high-profile air-conditioning, That can’t be genocide.” “Yes! It can’t be adjusted to 28 degrees”-I read a lot of some “I don’t know if it knows what it’s talking about” answers and comments.

8 months ago

Seeing this problem, I was talking about the situation in Japan, and I was very happy. It is impossible to violate the rules this time, hahaha! In itself, this issue is a marginal issue, and many countries in the world have slowly accepted it. Of course, the process of acceptance is itself a process of struggle. Therefore, it is not surprising that such a situation occurs. Now safely talk about evaluating this issue. It is normal for these homosexuals to submit marriage applications and be “rejected”. Don’t bother to check the Japanese law. This must be because the law has no legal interpretation or relevant legal provisions regarding “same-sex marriage”. The “government” is correct in this treatment. It cannot do behaviors that are not clearly stipulated by the law, and there is no legal basis. There is a problem here: The Japanese government has not publicly “not recognized same-sex marriage.” (There should be no department to have this right) But in the process of “determining” the marriage, there is no way to rely on it! Instead of expressly opposing it. They can fight for their own rights and strive to amend legal terms and increase recognition. But criticizing the Japanese government for being “unconstitutional” still has little chance of winning. Now, the parties have started to sue the Japanese government, believing that they are “unconstitutional.” According to our understanding, it should be the basic freedom of Japanese citizens, the so-called “marriage” freedom. In terms of the outcome, I feel that it is 100% lost. The fight for this right depends on the overall view of the Japanese society and public opinion. It is possible that it is indeed a step forward on the road of fighting for the rights and interests of this “minority”. These parties also know that they can’t do it, nothing more than grabbing attention and fighting for their rights.

8 months ago

Law students in Japan finally saw a question they could answer. This time, the plaintiff claimed compensation of 1 million yen per person and determined that Article 24 of the Japanese Constitution was not intended to prohibit same-sex marriage, and at the same time, it did not recognize that same-sex marriage was a violation of Article 14 of the law of equality for all and the pursuit of Article 13. Freedom of happiness. The final judgment was to approve the violation of Article 14 but dismiss the accusation that the Japanese government did not recognize same-sex marriage because of Article 24 of the legislative omission and the request for violation of Article 13, and rejected the compensation request. The clause is going to be attached to the back. Let me talk about my views first. Japan’s unconstitutional trial must pass the Supreme Court, but the unconstitutional review can be passed through the lower courts, although this unconstitutional judgment will eventually have to be appealed to the Supreme Court for final confirmation. Refer to Articles 312, 327, and 336 of the Civil Procedure Law. Our class had discussed the 24 Articles of the Japanese Constitution. At that time, the opinion put forward was that the entire 47-year constitution was supervised and formulated by the Allied General Command in Japan. The original intention should be to get rid of the shackles of arranged marriages in Japan before the war. Consider the issue of same-sex marriage. The defendant’s claim this time is that “the constitution does not take into account same-sex marriage”, which should have the same meaning as we thought at the time. From a legal point of view, Article 24 does have a certain ambiguity, and there are also certain disputes in the legal field. And if you are just an outsider without getting married, there will be certain obstacles to your partner’s request for inheritance. Many places in Japan now have “same-sex cups” registered, which also gives homosexuals a certain legal status under the law.

8 months ago

As a heterosexual, my reasons for supporting homosexual marriage are: 1. Homosexuality really exists. There is no need to talk about true love or true love. It is enough that people who “only have sexual impulses for the same sex but not the opposite sex” actually exist. 2. Homosexual marriage does not harm me first, and secondly does not harm the interests of my group. Some people may mention the decline in the fertility rate and the decline in the population. No one really thinks that the main reason for the decline in fertility is gay marriage. . . What is missing in the world are the few children that homosexuals swindle into marriage or are forced to give birth? 3. I don’t happen to be the majority every time.

8 months ago

Judges have discretion. The judge’s decision in accordance with Japanese law not to allow same-sex law to marry violated the constitutional stipulation that guarantees “freedom of marriage”, and it is not unfounded. The Japanese government’s failure to recognize unconstitutionality may also be because it recognizes that conservativeness is the mainstream of the current era. The social environment is open, but homosexuality or same-sex marriage is a topic that is avoided as much as possible in Southeast Asia. At least, if it is not necessary, the government will not take the initiative to mention it. Zhihu has a topic of “Is homosexuality a disease and why?” It’s not that the people who asked the question were the same, but everyone should remember that for a long time, homosexuality was considered a mental illness. It was not until the third edition of the “Classification and Diagnostic Criteria for Mental Disorders in China” in 2001 that homosexuality was excluded from the list of mental illnesses by the Psychiatric Branch of the Chinese Medical Association. The elimination from the book does not represent inner approval. Although this wave of Japan cannot reach the sky in one step, it has opened a hole to promote progress.

8 months ago

First, can a district court decide that something is unconstitutional? If so, what do you want Congress and the Supreme Court to do? Isn’t the determination of unconstitutionality a matter of the Supreme Court? Second, the Sapporo Court’s reason for the decision is that the prohibition of same-sex marriage violates Article 14 of the Japanese Constitution. However, according to Article 24 of the Japanese Constitution, marriage is established only by the voluntary union of the two sexes. Homosexuality cannot be explained as “two sexes” no matter how it is explained. This article shows that same-sex marriages cannot be established. Does the court mean that Article 24 of the Constitution conflicts with Article 14 of the Constitution and is therefore invalid? Thirdly, due to the reasons of Article 2, this judgment is simply a political judgment in disregard of the law. This once again pierced the absurdity of the rule of law in Western countries (is Japan considered a Western country?). The rule of law lies in the fact that no matter how absurd the law is, it must be enforced. If the law can be ignored for political purposes, then how can the rule of law be governed by law? society?

8 months ago

Although the process is very rugged, I really feel that the emergence of the same-sex marriage system is inevitable in an industrialized society. The sanctity of the traditional marriage system for men and women actually comes from economic meaning, not even the meaning of childbirth, because children can be produced without results, but the children born in the marriage of men and women in the farming civilization can be stable. Economic conditions and survival support. Looking at the history, we will find that in order to protect property, the East and the West have derived various tricks in the marriage system, such as the polygamy system and the eldest-child inheritance system, to protect the interests of formal marriages and their children. In the West, it is popular to marry rich widows, rich women kill husbands, etc. I have always felt that same-sex love is a product of an industrialized society, because industrialized society atomizes human economic capacity, so that a single person can live well, and marriage may not necessarily have economic benefits. The thing introduced at this time to replace the sanctity of marriage is called love. So you will find that when there are many heterosexual men and women who do not plan to marry and have children, the sanctity of traditional marriage between men and women will be weakened along with necessity. Since the sacredness of traditional marriage between men and women has been loosened, and love has been promoted to the altar of the new marriage system, many people actually have no reason to oppose same-sex marriage. Because they do not want to maintain the dignity of traditional marriages between men and women. With the development of industrialization, the meaning of traditional marriage between men and women has gradually weakened in the minds of contemporary people. It is not surprising that same-sex marriage is included in its connotation. After all, even companion robots and artificial wombs may be realized in the industrialized future. It is really difficult to prove the age of traditional marriages between men and women.

8 months ago

In fact, Japanese people are generally very tolerant of perverted sexual behavior (Chinese people can easily draw this conclusion from Japanese small movies), so to this extent, most people will not deny it. attitude. According to a public survey, 51% of the Japanese people support same-sex marriage and 39% of the people oppose it. Like most big cities, there are many gay bars in Tokyo and Osaka. In fact, Shinjuku Nichome in Tokyo is said to be the largest gay district in the world. Shinjuku Nichome is a must-see for all gay travelers. There are bars and clubs suitable for all types of people. The Gay Pride Parade is held every year in cities including Tokyo. Although gay marriage may not have arrived in Japan yet, more and more gay people are walking out of their homes and are proud of it. As early as four years ago, Tokyo Disneyland held the first gay wedding, although it was not legally approved. Recognized. However, any attempt to turn it into a political issue or a gender issue will be used by people “Why complicate it? You guys go and enjoy!” Pass it. Because the Japanese view of homosexuality is: it is a sexual hobby, not a real identity or physical thing. The Japanese government does not recognize same-sex marriage, and the Japanese court ruled that it is unconstitutional. In essence, it is a conflict between Japanese and Western cultures. Japan has a history that was completely separated from the West, and evolved into today’s East Asian culture with a philosophy, social structure, and religious education similar to China. This period of history has influenced contemporary Japan, but since modern times, Japan has fully embraced the West, and therefore is the East Asian country that has been most influenced by the West. So today’s Japan is full of contradictions regarding homosexuality: Although there is no law against homosexuality and adults can freely have sexual relations, there is no civil union or gay marriage. There is no nationwide law prohibiting discrimination based on sexual orientation or status, but some prefectures and counties, including Tokyo, have enacted their own laws for this purpose. Since 2008, transgender people can legally change their gender if they undergo sex reassignment surgery. Gay rights, including marriage, are rarely discussed in politics. But as far as I am a Chinese, I think Japan’s current model is appropriate. After all, marriage is sacred, traditional, and heterosexual marriage is reasonable and conforms to East Asian values. If same-sex marriage is legal, it will make us conservative people feel uncomfortable. However, we should not oppose anyone’s sexual orientation.

8 months ago

I am more conservative. I do not oppose homosexuality, but same-sex marriage, uh, do not support it. Some people think that same-sex marriage will not affect others, so does marriage between people and pets or incest marriage (no children) affect others? The law cannot prohibit homosexuality, but it should retain the right not to recognize same-sex marriages. Same-sex marriage is a pseudo-political correctness. In the context of political correctness, minority groups always have certain advantages, which will also drive more people to choose to be different and set themselves as minority groups. Instead, mainstream society is gradually marginalized. A nation that loses its ability to purify itself will eventually become corrupt. History has proven countless times that corrupt civilized nations will always be replaced by healthy barbarians.

8 months ago

It is hoped that such marriages will be recognized by the law as soon as possible. This is actually a kind of protection. I bother some people to think about living together with the same husband. The problem is solved from the root cause, not when it has never happened. But at the same time, I hope that no matter which country, there will be less propaganda on film and television literature, etc., intentionally or unintentionally. Don’t take advantage of the ignorance of young people to exchange conscience. Such behavior is disgusting!

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