The court’s right. The ban doesn’t violate Chapter III- Rights and Duties of the People (Article 24, Marriage, or Article 31, Discrimination) or Chapter IV- The Diet.
Chapter VIII- Local Self Government, Article 94, Local Public Entities, says “Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.” This means (constitutionally) Osaka can pass whatever regulations it wants concerning marriage as long as those regulations don’t blatantly violate Chapter III, Article 24, which they currently don’t.
The US has something similar (10th Amendment) which says any power not expressly given to the Federal Government by the Constitution is a power reserved for local government.
This is such a strange thing. I grew up in Japan and legitimately this was something that most people assumed was legal. You had some weirdos who said it was wrong but by high school it turned from “Eww gay” to “Ugh, all the cute ones are always gay… so unfair…” lol. I have no explanation for this because it just seems so odd. Most Japanese people literally don’t care and keep to themselves anyways… why care about this? So frustrating and sad. I just wish that this wasn’t such an issue, period.
Nothing is going to change regarding this unless they change the whole Koseki system. Same with couples keeping their existing last names. And that is rather unrealistic.
Well fuck
One step forward (Tokyo), two steps back (Osaka). How characteristically Japanese I must say. They do love their fumbling around.
And also “not unconstitutional” is such weird way of saying “constitutional”.
Just come out and say the ban is constitutional so we all know how shitty the Japanese constitution is, one that hasn’t been amended even ONCE since its introduction to keep up with the times, not just for same-sex marriage but for defence-related issues.
How are things in, The Past? Ya’ll got internet yet?
More on this subject from other reputable sources:
> The ruling dashes activists' hopes of raising pressure on the central government to address the issue after a court in the city of Sapporo in March 2021 decided in favour of a claim that not allowing same-sex marriage was unconstitutional.
> The Osaka court said that marriage was defined as being only between opposite genders and not enough debate on same-sex marriage had taken place in Japanese society.
Makes me so sad that the country that I have chosen to spend such a significant part of my life in just doesn’t take this part of human rights seriously.
How much debate is “enough debate on same-sex marriage had taken place in Japanese society”?
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Wait but isn’t it banned or illegal to marry the same sex and adopt for Homosexuals?
No I’m not homophobic, it’s just a question.
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[removed]
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Depressing but not surprising. Hopefully the higher courts rule differently. My partner is studying English with me right now because we don’t have much hope for change in the near future. Japan’s special activities visa doesn’t get issued for couples like us when one person is Japanese.
🙁
so is this something the average Japanese citizens agrees with? or is it a case of politicians appealing to the older group?
a country with declining population will not legalize it.
This is embarrassing
This is so shameful – what kind of message do they want to send to the world – LGBT people should have the same rights as all others
Also this is bad for business – who wants to work in a country that discriminates this badly?
Speaking from the outside looking in, it had seemed like Japan was making good progress on this. This is surprising.
Based japan My respect for u is +++
Japan is becoming more Muslim by the day! Alhamdulilah.
29 comments
The court’s right. The ban doesn’t violate Chapter III- Rights and Duties of the People (Article 24, Marriage, or Article 31, Discrimination) or Chapter IV- The Diet.
Chapter VIII- Local Self Government, Article 94, Local Public Entities, says “Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.” This means (constitutionally) Osaka can pass whatever regulations it wants concerning marriage as long as those regulations don’t blatantly violate Chapter III, Article 24, which they currently don’t.
The US has something similar (10th Amendment) which says any power not expressly given to the Federal Government by the Constitution is a power reserved for local government.
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
This was an Osaka district court ruling. Campaigners say they will now take this case to the Osaka high court: https://twitter.com/marriage4all_/status/1538758059585339392
For Japanese speakers, there will be a livestream from the campaigners this evening: https://youtu.be/_JoqJWAPJ4k
In 2019 Sapporo court ruled the current situation unconsitutional, but they didn’t rule the government’s inaction illegal, so left it to lawmakers to fix the situation, which they haven’t done. [Analysis on that.](https://usali.org/usali-perspectives-blog/the-impact-of-the-landmark-sapporo-ruling-on-marriage-equality-in-japan)
This is such a strange thing. I grew up in Japan and legitimately this was something that most people assumed was legal. You had some weirdos who said it was wrong but by high school it turned from “Eww gay” to “Ugh, all the cute ones are always gay… so unfair…” lol. I have no explanation for this because it just seems so odd. Most Japanese people literally don’t care and keep to themselves anyways… why care about this? So frustrating and sad. I just wish that this wasn’t such an issue, period.
Nothing is going to change regarding this unless they change the whole Koseki system. Same with couples keeping their existing last names. And that is rather unrealistic.
Well fuck
One step forward (Tokyo), two steps back (Osaka). How characteristically Japanese I must say. They do love their fumbling around.
And also “not unconstitutional” is such weird way of saying “constitutional”.
Just come out and say the ban is constitutional so we all know how shitty the Japanese constitution is, one that hasn’t been amended even ONCE since its introduction to keep up with the times, not just for same-sex marriage but for defence-related issues.
How are things in, The Past? Ya’ll got internet yet?
More on this subject from other reputable sources:
—
– BBC News (A): [Japan: Osaka court rules ban on same-sex marriage constitutional](https://www.bbc.com/news/world-asia-61670667)
– Japan Today (B): [Osaka court rules same-sex marriage ban not unconstitutional](https://japantoday.com/category/national/Osaka-court-rules-same-sex-marriage-ban-not-unconstitutional)
– Deccan Herald (C): [Japan court rules same-sex marriage ban is not unconstitutional in LGBTQ rights blow](https://www.deccanherald.com/international/world-news-politics/japan-court-rules-same-sex-marriage-ban-is-not-unconstitutional-in-lgbtq-rights-blow-1119746.html)
– Mainichi Shimbun (C+): [Japan court rules banning same-sex marriage constitutional – The Mainichi](https://mainichi.jp/english/articles/20220620/p2g/00m/0na/034000c)
—
[__Extended Summary__](https://www.reddit.com/r/newswall/comments/vgixb1/) | [More: Japan: Osaka court rules …](https://www.newswall.org/story/osaka-court-rules-same-sex-marriage-ban-not-unconstitutional) | [FAQ & Grades](https://www.reddit.com/r/newswall/comments/uxgfm5/faq_newswall_bot/) | I’m a bot
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Lol who’s surprised? Japan has never been a progressive country.
What a homophobic disgrace.
Old people ruining g things again get them out force them to retire if they don’t want to change.
0 honer in this session their fear is pathetic.
This is the best tl;dr I could make, [original](https://www.reuters.com/world/asia-pacific/japan-court-rules-barring-same-sex-marriage-not-unconstitutional-lgbtq-rights-2022-06-20/) reduced by 82%. (I’m a bot)
*****
> Register now for FREE unlimited access to Reuters.comTOKYO, June 20 – A Japanese court ruled on Monday that a ban on same-sex marriage was not unconstitutional, dealing a setback to LGBTQ rights activists in the only Group of Seven nation that does not allow people of the same gender to marry.
> The ruling dashes activists' hopes of raising pressure on the central government to address the issue after a court in the city of Sapporo in March 2021 decided in favour of a claim that not allowing same-sex marriage was unconstitutional.
> The Osaka court said that marriage was defined as being only between opposite genders and not enough debate on same-sex marriage had taken place in Japanese society.
*****
[**Extended Summary**](http://np.reddit.com/r/autotldr/comments/vgjub2/japan_court_rules_samesex_marriage_ban_is_not/) | [FAQ](http://np.reddit.com/r/autotldr/comments/31b9fm/faq_autotldr_bot/ “Version 2.02, ~655691 tl;drs so far.”) | [Feedback](http://np.reddit.com/message/compose?to=%23autotldr “PM’s and comments are monitored, constructive feedback is welcome.”) | *Top* *keywords*: **same-sex**^#1 **marriage**^#2 **couple**^#3 **court**^#4 **ruled**^#5
Makes me so sad that the country that I have chosen to spend such a significant part of my life in just doesn’t take this part of human rights seriously.
How much debate is “enough debate on same-sex marriage had taken place in Japanese society”?
[deleted]
Wait but isn’t it banned or illegal to marry the same sex and adopt for Homosexuals?
No I’m not homophobic, it’s just a question.
[removed]
[removed]
[removed]
Depressing but not surprising. Hopefully the higher courts rule differently. My partner is studying English with me right now because we don’t have much hope for change in the near future. Japan’s special activities visa doesn’t get issued for couples like us when one person is Japanese.
🙁
so is this something the average Japanese citizens agrees with? or is it a case of politicians appealing to the older group?
a country with declining population will not legalize it.
This is embarrassing
This is so shameful – what kind of message do they want to send to the world – LGBT people should have the same rights as all others
Also this is bad for business – who wants to work in a country that discriminates this badly?
Speaking from the outside looking in, it had seemed like Japan was making good progress on this. This is surprising.
Based japan
My respect for u is +++
Japan is becoming more Muslim by the day! Alhamdulilah.