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Plaintiffs in Japan are seeking a clear ruling on whether the country’s ban on same-sex marriage is unconstitutional. Delivering signatures to the Supreme Court Monday, plaintiffs called for the legalization of same-sex marriage. Japan is currently the only G7 country where same-sex marriage is illegal.
The case before Japan’s Supreme Court is a consolidation of six cases. In five of the cases, the lower and appellate courts found the ban unconstitutional. However, the Tokyo High Court found the ban constitutional.
The Constitutional issues are in Articles 24(1) and (2), and Article 14(1). Article 14 states that “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” Article 24(1) states that marriage shall be maintained with cooperation and equal rights. However, it states “husband and wife.” Additionally, it requires mutual consent of both sexes. Conversely, Article 24(2) states “equality between the sexes,” for “choice of spouse,” among other things.
Courts that sided with the plaintiffs held the bans violate the above articles of the Constitution.
The Tokyo High Court however found that based on the time the articles were added it was reasonable to interpret the amendments as only covering only opposite-sex marriage. It was also noted that same-sex marriage legalization should be something investigated and debated by Japan’s National Diet.
Currently, Japan’s Prime Minister is opposed to legalizing same-sex marriage. She has reiterated the constitutional assertion that marriage protects the equal rights of both sexes. Japan’s Diet did pass an LGBTQ anti-discrimination law in 2023, but stopped short of same-sex marriage.
The post Japan plaintiffs demand oral arguments and clear ruling in same-sex marriage case appeared first on JURIST - News.
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The case before Japan’s Supreme Court is a consolidation of six cases. In five of the cases, the lower and appellate courts found the ban unconstitutional. However, the Tokyo High Court found the ban constitutional.
The Constitutional issues are in Articles 24(1) and (2), and Article 14(1). Article 14 states that “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” Article 24(1) states that marriage shall be maintained with cooperation and equal rights. However, it states “husband and wife.” Additionally, it requires mutual consent of both sexes. Conversely, Article 24(2) states “equality between the sexes,” for “choice of spouse,” among other things.
Courts that sided with the plaintiffs held the bans violate the above articles of the Constitution.
The Tokyo High Court however found that based on the time the articles were added it was reasonable to interpret the amendments as only covering only opposite-sex marriage. It was also noted that same-sex marriage legalization should be something investigated and debated by Japan’s National Diet.
Currently, Japan’s Prime Minister is opposed to legalizing same-sex marriage. She has reiterated the constitutional assertion that marriage protects the equal rights of both sexes. Japan’s Diet did pass an LGBTQ anti-discrimination law in 2023, but stopped short of same-sex marriage.
The post Japan plaintiffs demand oral arguments and clear ruling in same-sex marriage case appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.