Tokyo High Court rules same-sex marriage ban constitutional

Tokyo High Court rules same-sex marriage ban constitutional

by frozenpandaman

27 comments
  1. Surprising considering the number of gays in Japan. I have a gay friend showing me his apps and I assure you that it feels like half of men’s in Tokyo are gays

  2. While obviously pretty disappointing, it’s worth pointing out that this issue has been taken to six high court hearings so far and this is the first and only judgement that has deemed it constitutional.

    So five out of six rulings have been largely pro same sex marriage, and repeated polling has shown the vast majority of average Japanese support it, considerably more so than in many other countries who have already legalised same sex marriage.

    So a bit of a downer yeah, but worth taking in the larger picture.

  3. Tokyo High Court. You’ll remain as a second-class citizen, but you must continue to pay the same taxes like everyone else. No exceptions.

  4. There’s virtually nil pressure to change it from the general population. In b4 the OP replies with his link that doesn’t work, here are some concrete numbers: パートナーシップ宣誓制度 has less than 10000 couples registered.

  5. I think the snag for the courts here is less about whether same sex marriage should be legal, and more about how much what “should be” can drive the law.

    Given how the constitution speaks with respect to marriage, it’s hard to find non-recognition of same sex marriage unconstitutional.  I think the intent of the relevant passage was to provide equality for women, and not to exclude same sex marriage, but the language is still pretty incompatible with same sex marriage on a plain reading.

    The court suggested that the decision lies with the legislature, which to me suggests they don’t object to legal recognition, only to having the courts act on their own in making a ruling that, on its surface, would clash with the constitution. 

    Thing is, a simple legislative majority shouldn’t be able to override the constitution either.  The courts might reasonably prefer that democratically elected legislators be the ones responsible for the change though.

  6. i just want … the *option* … to get gay married to my boyfriend of 13 years and have that give me the right to get a spouse visa. 

    currently we could do it the other way around (he could get a spouse visa to move to the UK) so it’s very frustrating that the jp govt is dragging their feet on this

  7. This is sad for many reasons, chief among them being the people claiming “same-sex couples have no children, which contributes to the population decline.” My parents are lesbians and have been forever, and they chose to give birth to me and my sister (we are Canadian). I feel bad for the Japanese couples who want to have a family but are not allowed.

  8. Paperwork no Jutsu
    Government’s secret ninja technique: drowning everything in files.

  9. Japan is only great from the outside. And they have good healthcare. But this comes at no surprise.

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