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Woman awarded damages over infidelity of same-sex partner

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However, the relationship between the couple broke down in January 2017 following the revelation that the defendant had an affair with the sperm donor.

Can it get any weirder?

What if the two women had stayed together and the second one got impregnated by the sperm donor?

What a family that would be, the kids would have a real tough time explaining their family to their friends at school.

3 ( +16 / -13 )

I wonder if this decision by the judge is more about paying support for the child than the fact that they were a same-sex couple?

I find it hard to believe that a judge here would base his findings upon a point of law that does not exist here, as in same sex marriages are not legally recognized here by the state.

A Japanese court awarded damages Wednesday to a woman in her 30s, who broke up with her same-sex partner because of infidelity, recognizing their common-law partnership despite same-sex marriage not being legal in the country.

Is this an assumption by the writer, based upon the results, or was this actually written into the decision itself?

If it is written into the decision, and as much as I support the right of same-sex couples here, the judge left this wide open to be turned over on appeal, and as an arm chair, couch-potato lawyer here, I would think that there is no law to support the decision.

9 ( +11 / -2 )

What a family that would be, the kids would have a real tough time explaining their family to their friends at school.

"My moms are lesbians, and my biological father transitioned to being a woman".

Wow, that was real tough to explain. I might have to take the day off work.

9 ( +17 / -8 )

By zccepting same sex thinhs, you create impossible situation for kids before even they are born.

Kid to his pals : this is my mother 1, this is my mother 2 who was also my dad, and this is my former mother 2.

Silly, stupid, as non-sense as possible.

Think that now the former mother 2 wished to becomes a man.

Messed in the head.

1 ( +13 / -12 )

Truth is stranger than fiction. Next one will try to leave Japan for the US with the child.

5 ( +7 / -2 )

Kid to his pals : this is my mother 1, this is my mother 2 who was also my dad, and this is my former mother 2.

Silly, stupid, as non-sense as possible.

Why? You say that as if there is some inherent truth in it, so please explain what that is for those of us who are not seeing it.

-4 ( +7 / -11 )

Is this an assumption by the writer, based upon the results, or was this actually written into the decision itself?

It was a listing of facts:

-- the court awarded damages ton a woman in her 30s

-- the woman broke up with her same-sex partner due to infidelity

-- the court recognized their common-law partnership (事実婚 じじつこん jijitsukon)

-- same sex marriage is not legally recognized in Japan

A Japanese court awarded damages Wednesday to a woman in her 30s, who broke up with her same-sex partner because of infidelity, recognizing their common-law partnership despite same-sex marriage not being legal in the country.

I don't see that there was anything there that would be an assumption, or would be written into the decision either.

2 ( +7 / -5 )

Reads like a future Tarantino nutty script, "My 3 Moms, Sorta".

3 ( +8 / -5 )

For the mentally challenged it would be hard to explain. Children are smarter than you think.

1 ( +9 / -8 )

It was a listing of facts:

-- the court awarded damages ton a woman in her 30s

Yes they did, however you are assuming the following two;

-- the woman broke up with her same-sex partner due to infidelity

-- the court recognized their common-law partnership (事実婚 じじつこん jijitsukon)

The article does not state the actual reason the court gave, and one can only assume that it was a decision based upon this, there is nothing to support it other than what the article has written here.

But seeing as how you tend to believe everything you read here, and base your "knowledge" upon what you think you know, I can fully understand how you came to your conclusion.

2 ( +6 / -4 )

Yes, the child will probably have to deal with some questions and teasing at school, because kids just do those things. I hope the teachers can minimize it and teach the kids to respect others.

0 ( +3 / -3 )

I don't think Jp society is ready for this. They can't handle even English speakers. They'd go "this is too Western!"

Point is, the couple better get out of the country for the kid.

-1 ( +3 / -4 )

Burning Bush, “Can it get any weirder?”

This reminds me of my friend whose parents were both having affairs since she was a baby and divorced when she was four. They both remarried but not to the people they had been having the affairs with. They both got divorced again and remarried again. And again and again. By the time she graduated high school she had 10 parents and step-parents. All from heterosexual relationships. It was a real chore for her to explain.

4 ( +7 / -3 )

However, the relationship between the couple broke down in January 2017 following the revelation that the defendant had an affair with the sperm donor.

The defendant subsequently gave birth, while the sperm donor went on to have gender reassignment surgery, and is now recognized as a woman.

Oh, my dog! Is this really true? It reads like a plot from some kind of LGBT fiction manga. They should send this story to Hollywood. It would make one heck of a movie.

5 ( +7 / -2 )

It is true in Japan that you will be awarded damages if your partner had extra-marital sex. It basically makes your body the property of your spouse and its insane. Your spouse can throw you in the dog house but you cannot visit a cat house in return. Its one of those many authoritarian matriarchal rules in this so-called "patriarchal" society.

-1 ( +6 / -7 )

This just points up the insanity involved here. And the total incompetence of the so called "mental health professionals."

0 ( +4 / -4 )

And the total incompetence of the so called "mental health professionals."

Could you share your knowledge of them having actually discussed their problems with a "mental health professional"

7 ( +8 / -1 )

The view of a family of a mother, father, and kids is changing in Japan as it has in many parts of the world. Not too long ago "blended families" were not common anywhere. Gender identity rights are becoming accepted in more and more countries of the world.

5 ( +6 / -1 )

@Norman Goodman

Your spouse can throw you in the dog house but you cannot visit a cat house in return. Its one of those many authoritarian matriarchal rules in this so-called "patriarchal" society.

Really? You mean that only the woman may sue her husband for having an affair, but the man may not sue his wife for having an affair? Interesting.

2 ( +4 / -2 )

Maria, no Norman Goodman has given incorrect information. Either spouse can sue the other for damages from adultery.

6 ( +7 / -1 )

So he previously had an affection for her, artificially got her pregnant and would be the biological dad but then had a sex change to become "a (fake) woman" so he could be a mom? Weird.

Glad the other woman got awarded damages. After all she went through (and must be going through) so the person she loved could have kids.

0 ( +1 / -1 )

@Educator60

I know. I just wanted to read his back-pedalling bluster.

2 ( +3 / -1 )

@Maria When I have I ever back-pedaled? My post uses the gender neutral word "spouse" multiple times. That was quite intentional. "Cat house" might imply female prostitutes but we are talking about lesbians here and over-whelmingly most prostitutes are female. And just there being such a clear route to cheating for men says a lot.

Its mostly women who benefit from that "damages for cheating" law and we all know it. A patriarchal society would have made having a mistress a god given right. Clearly that was a matriarchal idea as women get most of the benefit. And the women that get nailed instead? Women have always been willing to toss other women under the bus if they harmed the female image of purity. And this lesbian female will be no exception.

-5 ( +1 / -6 )

the defendant revealed her desire to raise a child with the plaintiff and was artificially inseminated after finding a sperm donor on a social networking site.

However, the relationship between the couple broke down in January 2017 following the revelation that the defendant had an affair with the sperm donor.

The defendant subsequently gave birth, while the sperm donor went on to have gender reassignment surgery, and is now recognized as a woman.

I feel sorry for people who can't enjoy the total absurdity of this situation.

2 ( +4 / -2 )

However, the relationship between the couple broke down in January 2017 following th*e* revelation that the defendant had an affair with the sperm donor.

The defendant subsequently gave birth, while the sperm donor went on to have gender reassignment surgery, and is now recognized as a woman

Japan WTF?

0 ( +1 / -1 )

Everyone is approaching this story in the wrong way. The Paintiff should have filed for minimum 10 million. This is not surprising. In Japanese modern law you get results on the basis your claims are reasonable and how brutal your lawyers are (I stress on this one ¥). Even if the claim is outside the legal framework. The plaintiff claims are for reparation and dignity, getting 1.1 million yen is actually rather symbolic. That barely covers the Paintiff legal services. Insemination would he been alone around 3 million. The Plaintiff was very hopeful and She got no family, does not really matter sexual orientation, there are awaful people (defendant) who don't appreciate a damn, and of course She keeps the Child.

1 ( +1 / -0 )

Yubaru I wonder if this decision by the judge is more about paying support for the child than the fact that they were a same-sex couple?

First of all, the person who did not have the Child was the one granted the case. The one who had the Child had to pay. Please check your comprehension reading skills.

3 ( +3 / -0 )

recognizing their common-law partnership despite same-sex marriage not being legal in the country.

This judgement makes no sense. You can’t be awarded any of the legal benefits of a married couple; however, the court was able to make a judgement on a situation that doesn’t legally exist?

3 ( +3 / -0 )

This judgement makes no sense. You can’t be awarded any of the legal benefits of a married couple; however, the court was able to make a judgement on a situation that doesn’t legally exist?

Common-law marriages does exist in this country. Do the laws of common-law marriage exclude same-sex couples?

2 ( +2 / -0 )

However, the relationship between the couple broke down in January 2017 following the revelation that the defendant had an affair with the sperm donor.

lol this is actually amusing - a lesbian couple breaking up due to one of them having an affair with a straight guy(I presume he's straight).

-3 ( +0 / -3 )

@Strangerland

Same-sex has no legal recognition in Japan whether it’s common-law or regular marriage.

1 ( +1 / -0 )

lol this is actually amusing - a lesbian couple breaking up due to one of them having an affair with a straight guy(I presume he's straight).

If he ever was "straight", he isn't any more because she is now a lesbian.

2 ( +2 / -0 )

Ah yes.. the old relationship with one’s sperm donor problem .... I hate it when that happens... sigh.

3 ( +3 / -0 )

If he ever was "straight", he isn't any more because she is now a lesbian.

Or is and was bi or pansexual.

2 ( +2 / -0 )

Ah yes.. the old relationship with one’s sperm donor problem .... I hate it when that happens... sigh.

"Don't worry, mama. I'm not in a relationship with that guy. He's just inseminating me."

2 ( +2 / -0 )

@Norman Goodman

Clearly that was a matriarchal idea

You understand that adultery law are patriarchal ? It was related to paternity and ownership of wife. As Japan of past WW2 spouse are suppose to be equal, at least by law, the two can sue for damage related to infidelity (which is not illegal anymore).

https://en.wikipedia.org/wiki/Adultery

@Andrew

I agree that it seems to be petty money but in the same time the plaintiff did not ask for so much. Perhaps so objective was more to get legal acknowledgement.

It could be interesting to compare decision in different situation to see if this one is on pare or not.

0 ( +0 / -0 )

Did the claimant get her house back?

Did she retain any claim on the child?

I'm surprised she won give the first case or introduction was with her knowledge and agreement. If I was the defendant, I would have claim I was just making sure the job had been done properly.

What a roadwreck of pretentious idiocy, though.

0 ( +0 / -0 )

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