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Nagoya court rules not recognizing same-sex marriage unconstitutional

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Nagoya court rules not recognizing same-sex marriage unconstitutional

Nothing like a good ol' double negative first thing in the morning

29 ( +32 / -3 )

I get fed up by such articles...

I get fed up with such comments. Don't like gay marriage? Don't get one. Simples.

12 ( +42 / -30 )

This verdict shows that Japan is still sticking strictly to the laws and I'm happy with that!

No one tell our friend Larr here the government ruled in favor of the gay couple. Lol

12 ( +23 / -11 )

Good news.

10 ( +31 / -21 )

Polls show that the general populace of Japan is heavily on the side of same-sex marriage.

No, most are indifferent, big difference

Please cite the polls you are talking about.

9 ( +16 / -7 )

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

9 ( +13 / -4 )

If they wouldn’t try to get money for “damages” at the same time, the cases would be easier to win.

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.

7 ( +7 / -0 )

The countries and cities that embraced this woke ideology are on a downward decline. Nagoya should not have followed this path to societal decline.

5 ( +13 / -8 )

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%

5 ( +9 / -4 )

I’m not at all surprised by your statement Bob. 

Marxist like yourself try hard to deny what your intentions are but there’s just to much proof of what the agenda is.

I’m a Marxist?

And yes Bib there are actually people trying to say they have a right to marry their animals. Pandora’s box got open up the minute America allowed same sex marriage

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.

Like I said the Japanese government needs to be paying close attention to what the Marxist are doing in the States.

lol. I’m sure they’ll give your ‘thoughts’ careful consideration.

4 ( +8 / -4 )

Insignificant sample size

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

4 ( +8 / -4 )

Never understood people crying about LGPTQ having the same rights as everyone else.

4 ( +9 / -5 )

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.

I hope one day sooner than later your wish can be realised.

4 ( +5 / -1 )

Same sex marriage? No problem with that.

Continually in the news? Getting tired of it.

3 ( +13 / -10 )

There is absolutely no chance the polls were flawed. Where were they taken? Shinjuku 2-chome?

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

3 ( +8 / -5 )

Yes the majority of the poll isn't the same as the majority of the Japanese population.

Genius.

No That's nonsense because the poll only represents who were polled and not the general populace of the entire nation !

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.

3 ( +3 / -0 )

No That's nonsense because the poll only represents who were polled and not the general populace of the entire nation !

That's a fact !

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!”

3 ( +4 / -1 )

But the court also noted that the public remains divided over the issue,

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.

2 ( +17 / -15 )

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%

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.

2 ( +5 / -3 )

Never understood people crying about LGPTQ having the same rights as everyone else

Driven by fear. Destroys rational thinking.

2 ( +6 / -4 )

Lionel Lyyn

Never understood people crying about LGPTQ having the same rights as everyone else.

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.

2 ( +7 / -5 )

The fact of the matter is that marriage is solely the union of one man and one woman, and this objective truth

Same-sex marriage is legal in many countries.

This is objective truth.

You don’t understand the meaning of ‘objective’.

2 ( +4 / -2 )

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.

2 ( +3 / -1 )

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

2 ( +3 / -1 )

In order to clarify that sensationalistic claim every Japanese person would need to be asked and not just one of these surveys that targets only a percentage of the entire Japanese population.

lol. Polls only work if you ask everybody. Ok.

1 ( +7 / -6 )

Sorry celebration

1 ( +2 / -1 )

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%

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.

I think we can safely discard it.

1 ( +7 / -6 )

The fact that there are no anti gay marriage protests prove that generally don’t mind.

Doesn't prove that

1 ( +6 / -5 )

However, children are happiest when brought up in a loving family with a father and mother.

Opinion, with a side serving of prejudice. No evidence provided.

1 ( +3 / -2 )

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

0 ( +22 / -22 )

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.

0 ( +12 / -12 )

Well done Nagoya!

0 ( +16 / -16 )

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.

0 ( +17 / -17 )

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.

0 ( +1 / -1 )

Sorry celebration

And moot

0 ( +2 / -2 )

If you want to live next to gays then move out of Japan.

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.

0 ( +4 / -4 )

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.

0 ( +3 / -3 )

Based Aichi, central Japan is quite conservative, it was to be expected.

0 ( +3 / -3 )

Only to the layman's eye. For a population of 126,000,000 people, this sample size of n=1060 results in a 3% margin of error at a confidence level of 95%. This is usually called "representative".

I stand corrected.

0 ( +0 / -0 )

But some countries, including the Middle East and Africa, impose punishment on individuals in same-sex relationships.

I wonder what it would take for such countries to bend the knee.

0 ( +0 / -0 )

ian

Need to amend constitution to allow same sex marriage, I wonder how long it could take

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.

-1 ( +5 / -6 )

"Nagoya court rules not recognizing same-sex marriage unconstitutional

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.

-1 ( +3 / -4 )

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

-1 ( +5 / -6 )

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%

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.

-1 ( +6 / -7 )

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.

-1 ( +0 / -1 )

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.

-1 ( +6 / -7 )

Absolutely different

Not at all. Previously considered unthinkable. Society moves on. Conservatives don't.

-1 ( +5 / -6 )

It's high time!

-1 ( +4 / -5 )

And there you have it.

-1 ( +0 / -1 )

Larr FlintToday 07:43 am JST

This verdict shows that Japan is still sticking strictly to the laws and I'm happy with that!

No, they WON - it shows that courts are beginning to question the law.

If people would like to approve LGBTQ they would already vote for it but seems like Japanese people are happy with current situation.

Polls show that the general populace of Japan is heavily on the side of same-sex marriage.

-2 ( +19 / -21 )

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.

-2 ( +4 / -6 )

Good !!!

-2 ( +7 / -9 )

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

-2 ( +2 / -4 )

Never understood people crying about LGPTQ having the same rights as everyone else.

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.

-2 ( +3 / -5 )

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.

-2 ( +1 / -3 )

Polls show that the general populace of Japan is heavily on the side of same-sex marriage.

No, most are indifferent, big difference, this is not on the minds of most people and that’s ok. Live and and let live.

-3 ( +13 / -16 )

garypen

Today 09:49 am JST

ian

> Need to amend constitution to allow same sex marriage, I wonder how long it could take

> 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.

You might want to read it again

-3 ( +3 / -6 )

Yes, perhaps then Japan should leave G7 and hang out in a club with Uganda & co instead. You should follow. Most Japanese people support same sex marriage equality.

> There's absolutely no evidence to sustain the announcement that ' most Japanese people support same sex marriage equality'

They're referring to some sort of polls but I haven't seen it myself

-3 ( +2 / -5 )

Never understood people crying about LGPTQ having the same rights as everyone else

Same here.

-3 ( +2 / -5 )

I get fed up by such articles …

Me too!

Same-sex marriage — Unconstitutional

Japanese elections — Unconstitutional

Legislative change — None

It’s frustrating.

-4 ( +18 / -22 )

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

-4 ( +7 / -11 )

I am sure the same futile invective was used by the same type to prevent miscegenation.

Good on Nagoya. History is on your side.

-4 ( +5 / -9 )

Polls show that the general populace of Japan is heavily on the side of same-sex marriage.

There is absolutely no chance the polls were flawed. Where were they taken? Shinjuku 2-chome?

-4 ( +6 / -10 )

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.

-4 ( +0 / -4 )

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!

-4 ( +0 / -4 )

Over 30 countries and regions had recognized same-sex marriage as of February this year, 

Hmm not a lot I thought it would be more

-5 ( +4 / -9 )

Where's the respect for traditional family values ?

In traditional familes. Come on buddy.

-5 ( +5 / -10 )

If they wouldn’t try to get money for “damages” at the same time, the cases would be easier to win.

-5 ( +6 / -11 )

Kyodo's poll (which found 64% in favor of recognizing same sex marriage) was a nationwide,

That's good I guess, if poll is reliable

But is that the same as allowing same sex marriage? Or are those distinct issues?

-5 ( +1 / -6 )

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.

-5 ( +0 / -5 )

So you are saying you support the LGBTQ community and same-sex marriages?

I never said that I didn't.

A poll done in big cities doesn't reflect what or how the rural communities feel about something.

Very true.

-5 ( +0 / -5 )

Judicial activism finds its way to Japan. Just read whatever you like into the constitution.

-5 ( +0 / -5 )

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.

-5 ( +0 / -5 )

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.

-5 ( +0 / -5 )

Central government, the stronghold of conservatives either unconstitutional or not.

-6 ( +6 / -12 )

Japan, chair of the Group of Seven advanced economies this year, is the only member nation not to have instituted laws prohibiting discrimination against sexual minorities and legalizing same-sex marriage or civil unions.

And it should stay that way.

-6 ( +8 / -14 )

they received responses from 424 households and 636 mobile phones

Insignificant sample size

-6 ( +4 / -10 )

Thank you Nagoya! Thank you JT for being pro-LGBTQ! No day ends without an LGBTQ article from you guys!

-6 ( +4 / -10 )

Great news for diversity...

Sad news for homophobic brigade of losers..

LOOOOL !!..

-8 ( +23 / -31 )

Need to amend constitution to allow same sex marriage, I wonder how long it could take

-11 ( +1 / -12 )

I get fed up by such articles...

-14 ( +22 / -36 )

Hopefully these politicians can eventually get out of the Obama anti-gay marriage mindstate and be accepting of all!

-18 ( +1 / -19 )

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