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© KYODONagoya court rules not recognizing same-sex marriage unconstitutional
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98 Comments
Jonathan Prin
I get fed up by such articles...
funkymofo
Good news.
divinda
Nothing like a good ol' double negative first thing in the morning
Cards fan
I get fed up with such comments. Don't like gay marriage? Don't get one. Simples.
falseflagsteve
Just let them get married etc.
treat everyone equally, no special measures for anyone
i don’t want rainbows and stuff everywhere thank you, it’s not my thing, you see.
let everyone do what they want but not to intrude onto others private space
i care as much for anyone else as they acre for me, very little..
i respect others but don’t insist they respect my ideas, I don’t call people names because of who they are.
Live and let live and that’s how it should be
Moonraker
There will always be some hold-outs. That's what being conservative is all about. Doubt, ambiguity and diversity don't fit well with them. Doesn't change what is right though.
sakurasuki
Central government, the stronghold of conservatives either unconstitutional or not.
TokyoLiving
Great news for diversity...
Sad news for homophobic brigade of losers..
LOOOOL !!..
Meiyouwenti
Don’t get your hopes up. The government will appeal the district court’s ruling and I’m sure it will be overturned in a High Court.
Asiaman7
Me too!
Same-sex marriage — Unconstitutional
Japanese elections — Unconstitutional
Legislative change — None
It’s frustrating.
Cards fan
No one tell our friend Larr here the government ruled in favor of the gay couple. Lol
Aly Rustom
Well done Nagoya!
girl_in_tokyo
Larr FlintToday 07:43 am JST
No, they WON - it shows that courts are beginning to question the law.
Polls show that the general populace of Japan is heavily on the side of same-sex marriage.
bass4funk
No, most are indifferent, big difference, this is not on the minds of most people and that’s ok. Live and and let live.
Jimizo
Please cite the polls you are talking about.
wolfshine
LGB is fine with me, I have no issue with Japan legalizing and normalizing gay marriage.
I am definitely not going to support the "Ts", the "Qs", or the "+" and whatever other nonsense they include. The gender/trans movement is a fiasco and a scam. We don't need that here in Japan. Nobody wants it here.
NOMINATION
Hopefully these politicians can eventually get out of the Obama anti-gay marriage mindstate and be accepting of all!
ian
Hmm not a lot I thought it would be more
ian
Need to amend constitution to allow same sex marriage, I wonder how long it could take
Greenstingray
And it should stay that way.
BigP
Same sex marriage? No problem with that.
Continually in the news? Getting tired of it.
ian
They need to continually drum up coverage and pressure for it to have a chance of being passed.
In any case you don't have to read news about it
Chabbawanga
In traditional familes. Come on buddy.
kyushubill
This is one district court. This "ruling" will go nowhere as the LDP will see to it that is the case. So long as there is no viable opposition party the LDP is the power to face. The Supreme Court will see to it the sttaus quo is intact regardless of "polls". If the LGBTQWXYZ want real change, join the LDP and run for office. Change it from the inside.
garypen
No. They need to change the law to allow same-sex marriage.
According to this and other Japanese courts, the constitution already allows it, making the current law unconstitutional.
ian
You might want to read it again
Blacklabel
If they wouldn’t try to get money for “damages” at the same time, the cases would be easier to win.
jeancolmar
Good !!!
Temyong
The countries and cities that embraced this woke ideology are on a downward decline. Nagoya should not have followed this path to societal decline.
Geeter Mckluskie
Nothing like a good ol' double negative first thing in the morning
In what way is the statement a double-negative? Nagoya rules that not recognizing same-sex marriage is unconstitutional. The verb "be" is often omitted in such phrasing.
Bob Fosse
I’m a Marxist?
They’ve been saying it for decades. Was my point. Has it happened? Did the Dems take away all your guns yet?
Nope. Just fear fed bleating slippery slopes that never happen.
lol. I’m sure they’ll give your ‘thoughts’ careful consideration.
Bob Fosse
lol. Polls only work if you ask everybody. Ok.
ian
They're referring to some sort of polls but I haven't seen it myself
finally rich
Regardless of your opinion on the subject, just move on with your life, I'd rather live next to a gay couple than to a grumpy jiji, or a dead fish-eyed japanese that dont even know how to say ohayo gozaimasu and works hard on being antisocial
Paustovsky
I am sure the same futile invective was used by the same type to prevent miscegenation.
Good on Nagoya. History is on your side.
kyushubill
The poll people cite is the May 6, 2023 NHK/Mainichi poll.
Single question by phone: Do you support marital rights for LGBTQ+ people?
1000 people in Tokyo polled (not a national poll) 596 women 404 men.
42% yes
38% no
17% not sure
3% refused to answer
kyushubill
Interesting from Nagoya in August 2022.
Chunichi/Chubu TV poll.
There is much discussion about gay marriage in the news. Do you support the right of gay people to marry each other?
No 66%
Yes 30%
Don't know/no answer 4%
itsonlyrocknroll
Clearly the LGBT community have cause for calibration.
Not to rain on the parade, excuse my cynicism, however how this handing down translates into actual ruling government, above a vow to promote debate on bill for LGBTQ community, into any positive medium long term review on legislation or policy remains a mute point.
rainyday
The claim for money damages is just a procedural tactic lawyers in Japan use in order to advance Constitutional challenges against legislation.
Most Constitutional litigation in Japan is based on the State Redress Act, which is the legislation that allows individuals to sue the government when government action (or negligence) harms them. Supreme Court precedent has established that the legislature passing legislation that violates a constitutional right - or failing to pass legislation necessary to ensure a constitutional right - is among the government actions that a claim under the State Redress Act can be used for.
But, one other precondition to a suit under the State Redress Act is that you have to establish that you have suffered some compensable loss. So in addition to suing the state for failing to protect your constitutional rights, you also have to make a claim for monetary compensation.
Usually, as in this case, the amount of money claimed is nominal (1 milion Yen is not much compared to the cost of the action), and the real goal is for the Court to declare that the Constitutional right in question was infringed. The plaintiffs don't care about the monetary portion of their claim.
itsonlyrocknroll
Sorry celebration
Paustovsky
And moot
Jimizo
Do you have a link?
Interesting that you didn’t put any inverted commas around the word ‘poll’ here.
As we all know, cherry-picking polls is very bad form. Do you see this as an outlier?
Tell you what, post the link and we’ll have a look for ourselves.
itsonlyrocknroll
Paustovsky,
Thank you, I should be more observant.
I doubt the government will move, Koichi Hagiuda, the policy chief of the LDP, has stated the only concession was to “forge a consensus” .
So any future change could be dependent on public opinion at the ballot box, a possible binary vote, a sort of referendum, I am not sure if such a vote is binding.
asdfghjkl
The fact that there are no anti gay marriage protests prove that generally don’t mind. However, once the LGBT community start pushing the pronoun agenda, hope people come out in force against it. That stuff is toxic.
rainyday
So you believe that there are no gay people in Japan??? Pretty sure that many of the people in the photo at the top of this article, to name just one example, are gay people in Japan who its possible to live next to.
itsonlyrocknroll
asdfghjkl
I cannot, its unwise to generalize, from a family point of view is a moot point subject, met with silence.
I would suggest in the confines of a secret national ballot a world of disappointment could ensue.
rainyday
My searches of the Chunichi Shinbun's website don't turn up any poll, or articles about the topic of same sex marriage, that has such results.
It does however turn up articles about polls showing strong majority support for same sex marriage:
https://www.chunichi.co.jp/article/682728
If the Chunichi Shinbun has somehow missed reporting about the results of a Chunichi Shinbun poll, that would be quite surprising.
Jimizo
I think we can safely discard it.
ian
Doesn't prove that
ian
Anyway best way to address anything is to inform and educate people first. Haven't seen the text of the bill that was passed but it's probably regarding tht
El Rata
Based Aichi, central Japan is quite conservative, it was to be expected.
InYourEye
There is absolutely no chance the polls were flawed. Where were they taken? Shinjuku 2-chome?
rainyday
Kyodo's poll (which found 64% in favor of recognizing same sex marriage) was a nationwide, randomized phone poll of 500 households with landline phones, and 2453 mobile phones (of which they received responses from 424 households and 636 mobile phones).
https://english.kyodonews.net/news/2023/02/d95968c3f7d5-urgent-64-favor-recognizing-same-sex-marriage-in-japan-kyodo-poll.html
InYourEye
Insignificant sample size
rainyday
Sorry, no. A sample size of about 1,000 respondents is well within the normal range in an opinion poll. Gallup Polls in the US use that number in most of their polls:
https://news.gallup.com/poll/101872/how-does-gallup-polling-work.aspx
Paustovsky
Not at all. Previously considered unthinkable. Society moves on. Conservatives don't.
Stephen Chin
It's high time!
InYourEye
I stand corrected.
ian
That's good I guess, if poll is reliable
But is that the same as allowing same sex marriage? Or are those distinct issues?
Lionel Lyyn
Never understood people crying about LGPTQ having the same rights as everyone else.
Seigi
Thank you Nagoya! Thank you JT for being pro-LGBTQ! No day ends without an LGBTQ article from you guys!
Jimizo
Driven by fear. Destroys rational thinking.
wallace
Lionel Lyyn
Except they do not. Not able to marry a partner of their choosing. Twisting the truth does not change it. 36 countries now have same-sex marriage.
TaiwanIsNotChina
Because they literally don't? Can't marry in most of the world. Gender confirmation banned. Thrown in prison if you use the bathroom you 100% pass for.
itsonlyrocknroll
This ruling is another rung up the ladder, the political and social consequences are clearly evident in the responses and comments.
That is separate from the realities of ruling government.
Can you honestly contend, have confidence that acceptance of same sex marriage with, legal protection for same-sex families will materialize?
Prime Minister Kishida has stated, openly that the country's stance on same-sex marriage is not discriminatory.
This is where the ladder is lofty enough to dissuade or overcome such political opposition for change even with support handed down by the Nagoya District Court ruled that the lack of legal recognition of such marriages as unconstitutional.
Any possibility of change will need the support of the diet, the national legislature of Japan.
Lobbying has a long way to go.
Mark
And there you have it.
Hideomi Kuze
Present Japan's ruling party LDP don't care even constitutional violation anymore.
They only prioritize requests from economy group or far-right cult groups.
Same-sex marriage in Japan never realize unless regime change.
bass4funk
Same here.
Jimizo
Genius.
Try reading a little about how polls work. You don’t need to read half of the books ever written on it, but familiarize yourself with the basics.
Jimizo
Same-sex marriage is legal in many countries.
This is objective truth.
You don’t understand the meaning of ‘objective’.
bass4funk
I never said that I didn't.
Very true.
Bob Fosse
That’s how polls work. Would you apply the same ‘logic’ to election results or giving out Olympic medals?
“Hey, I didn’t vote and they didn’t let me run the 100m!”
4Tno
I wonder what it would take for such countries to bend the knee.
Lord Dartmouth
Judicial activism finds its way to Japan. Just read whatever you like into the constitution.
gokai_wo_maneku
Maybe there is hope! My partner and I have been together since junior high in the early 90s. Maybe we'll get married someday. Conservatives say that in the constitution, "both sexes" (両性) means male and female, but both sexes involved could also be the sexes of both partners: male and female, male and male, or female and female.
wallace
gokai_wo_maneku
I hope one day sooner than later your wish can be realised.
Lord Dartmouth
I really can't see your point, Roy. Legally, marriage endows the partners with the right to adopt children, so even though a same-sex couple can't have offspring, they can adopt. That has huge implications.
Lord Dartmouth
Gay couples can have their own biological children if a gay man marries a gay woman and they consummate the marriage. (Quite possible)
As for the implications of adoption, this is a relatively new phenomenon, so the full extent of the psychological damage to the adopted kids is yet to become clear. However, children are happiest when brought up in a loving family with a father and mother.
Paustovsky
Opinion, with a side serving of prejudice. No evidence provided.
Moonraker
You may not have heard, Lord Dartmouth, that there is plenty of research to allay your worries and overcome your preconceptions:
A new study backs up previous research, concluding that a child’s development has little to do with their parents’ sexual orientation or gender identity. “Contrary to many concerns, our review found most family outcomes were similar between these two family types, and sexual minority families have even better outcomes in some domains, such as child psychological adjustment and child-parent relationships,” the researchers wrote. The findings chime with several other studies, including three decades of research from Australia that revealed children raised by same-sex parents do as well emotionally, socially and educationally as their peers in heterosexual families.
https://www.theguardian.com/science/2023/mar/06/children-of-same-sex-couples-fare-at-least-as-well-as-in-other-families-study
Lord Dartmouth
Roy, we were talking about gay marriage, so I assumed that when you wrote 'gay couples', you were referring to married couples. Not unreasonable, surely?
Next, when you wrote 'You are aware that gay couples can even have own biological children, right?', it is reasonable to assume that, although you omitted the word 'their', when you wrote 'own biological children', you meant that the children would be the product of both members of the couple. What else could 'own biological children' mean when you are talking about a couple?
Finally, why do you assume I'm a Christian? Almost every religion in the world, and the overwhelming majority of human beings on this planet agree with me. You can imagine yourself to be in the mainstream all you like, but it is simply not the case.
It's always a sign of a weak argument when the writer resorts to insults. I wish you all the best and every possible happiness in life.
Lord Dartmouth
Oh, and Roy, why do accuse me of 'pushing my views on to other people'? All I did was give my opinion in a comments section. If I can be accused of 'pushing my views on to other people', then so can you. Think about it!