Japan Court Says Ban on Same-Sex Marriage Constitutional

  1. Not sure why this garbage comment got so much many upvotes. The article literally says public opinion in Japan favors legalizing same sex marriage.

  2. It’s interesting though. I watched a short documentary on geishas recently. And the point that was made was that Japan was a lax place in terms of sexuality, with no set rules as to what you could or could not do. It’s the country’s westernization that apparently brought prejudice toward some sexual behaviors.

  3. The constitution in question was authored by Americans, and was designed by Americans to be extremely difficult for the Japanese to change.

  4. I believe a majority of the population is om favor but old law mentioned marriage is between the 2 genders or something idk

  5. Though like 65% of their population supports legalizing same sex marriage. Support in the US is probably not much higher and it has been legal here for like 7 years.

  6. Which is so friggin weird. You have a whole market with yaoi and yuri appeal since at least the 80s (way, way before it was seen in a better light in the West since post 1991) but irl you oppress df out of gays?

  7. Medicare for all? Single payer healthcare? Paid Paternity and Maternity leave up to one year? Yes, Japan has all those things.

  8. Weird, I thought the opposite. Why are a lot alternative youth such a big fan of the country then, only because of anime?

  9. the people making or consuming this type of porn are widely shunned in japan, the thing existing there doesnt mean its societally accepted somehow or represents the majority opinion.

  10. its coming from people on a sharp population decline so allowing sterile coupling with benefits of birthed couples doesn't make sense for them

  11. As if the reason hetero marriage exists is to provide stability for their children. OK, so what about divorce? And what about married couples who opt to not have kids?

  12. Divorce is not that uncommon in Japan. Usually a couple can divorce after their children have gotten jobs, etc., as the point of staying together was to care for the child (this came from my father, who wasn’t born in Japan but grew up and went to school there). As for a couple who don’t want to have children, well expectations in Asian cultures will likely force them to, but even if they don’t, there’s nothing stopping them :/

  13. it's been some years but a publicized 'strain' on the marriages has been when women become mothers they were reported to be less sexual. no sex at home meant girlfriends, and maybe leaving the wife for girlfriend. but at that point the kids are already plussing upmthe population

  14. Here's what I don't understand: why? The vast majority of young adults are either in favour of it or don't see why it isn't allowed anyway. (I've talked to quite a few Japanese people around my age (26) and most either don't mind if it is made legal or support it fully). And interviews and polls have shown this too.

  15. It is because Japan's Consitution defined what marriage is (between a man and a woman, any other sort of marriage that rubs counter to that definition, means it is unconstitutional). So when there is a conflict the court has to solve which document governs, in this case the court took a textualist apparoach and decided that the Japanese Consitution's definition governs.

  16. Social change happens very slowly in Japan. People a don’t mind it, yes, but very few people would actually do anything to make it happen. It’s an incredibly unconfrontational culture. People will agree to anything publicly to avoid disagreement.

  17. To be fair though, if someone in Japan says they don't mind, it's possible they strongly disagree with you but don't want to have a public disagreement. Conversations around issues like this in Japan are useless without complete anonymity.

  18. There’s plenty of Far-right districts in Japan still unfortunately. Old habits die hard and Japan has more old than young.

  19. But the minute you attach taxes/tax breaks, subsidies etc to what happens between consenting adults it DOES become the government’s business.

  20. Is being gay straight up illegal in Japan? I think the law affects marriages, which apparently is stated in their constitution as being between a man and woman.

  21. To be fair, any attempt to restrict this discussion to purely a private matter (ie - "in the bedroom," "behind closed doors," etc.) is disingenuous.

  22. Marriage is a legal contract between two adults. That's a different conversation than whether sexual intercourse between adults is legal. This is about access to the legal benefits of being married and having the same rights of others who have full ability to access those rights.

  23. Unfortunately this is due to Japan’s constitution that states a marriage is between a man and a woman. So unless the government amends the constitution, which has never happened in modern Japan, this is going to keep going

  24. Japan is one of the most insular countries in the world. There are parts of Tokyo (I read about) that only allow Japanese into their businesses. Mostly bath houses or massage places (I’m guessing credible) and no one from another race can get in. I’m not surprised the gay marriage ban stayed in effect. Not sure if something like that will ever pass.

  25. That's because some japanese don't want to be stressed adapting their way of making business to foreigners, who don't know the codes a japanese customer should know. I once heard that Japan only changes things as a mean to survive, and once survived, it won't hesitate to change back.

  26. this is common in Asia, not saying it's right, but it is the norm back there, i'm also guessing Japan's population problem and the age of their workforce plays a major role.

  27. I wouldn’t be surprised if their fear of their low birth rates had part in this. It’s not like gay people will become straight if they can’t marry, but bigots don’t think much about others.

  28. Has nothing to do with birth rates, just how the Japanese constitution is written. The headline is a bit misleading because they basically ruled the law needs to be changed and the court can’t just make the law say what it should.

  29. Yes. And it actually heavily incentivizes households with a stay-at-home or part-time working spouse. Unlike the US and other countries I'm aware of.

  30. Well no, they said the ban was “not unconstitutional”. Nuanced, but basically it boiled down to, the constitution as currently written does not favor the plaintiffs, but pointed out that the constitution could be revised to permit it.

  31. Wow, I literally was arguing with somebody about how Japanese were not okay with same-sex marriage or relationships and they said I was wrong and Japan was very progressive. Somehow they got a ton of upvotes and I was downvoted. Reddit can be dangerous with false information. People just buy into anything on here that sounds good to them.

  32. I doubt most Japanese people care about what westerners want them to do. Don’t stick your fingers into another culture’s business. This is one of the reasons why America is hated outside the west.

  33. In a simplified sense, Japan only ever culturally turned against homosexuality because of Western influence during the Meiji era. Look up wakashudo as one example. Their current constitution, which is also at the heart of the issue here, was made by the US.

  34. I think you are reading this case from the wrong angle. Japan is not where the West has gotten to on this issue, so this ruling is an affirmation of the Japanese status quo rather than a regression.

  35. Japans constitution mentions marriage between the "2 genders" specifically which is why it's not allowed, is it a technicality? Maybe. Is it silly? Definitely.

  36. Kind of a bad example considering Japan doesn't do enough procreation to begin with and gay people aren't going to now suddenly realize "damn guess I'm gonna fuck a chick now"

  37. By the way, the Americans rewrote the entire Japanese constitution after the war. The Japanese people are just following the laws rewritten by the Americans, but it is ridiculous that the Americans criticise the Japanese laws, saying that they are outdated.

  38. Because it is defined in its constitution. Court also commented about passing a law for same sex couples.

  39. Japan population are declining. This is just an assumption. But maybe they see LGBT as threat to their population boost programs

  40. You're right, our culture is better and theirs sucks. We should colonize them with our own culture and erase theirs, just like in the good ol' days!

  41. one of the terms for Japan to surrender to the US in WW2, was for the US to write them a constitution. Soooo if it’s unconstitutional then it’s US’s fault.

  42. They didn't say that same sex marriage was unconstitutional, they said that the ban on it is not. Basically they said that the Japanese constitution doesn't require sane sex marriage, and it also doesn't prohibit it..it is up to the Japanese legislature to either allow it or not.

  43. You're right, western values are morally superior to East Asian values. We should colonize and erase their culture just like we did last time we thought we were morally superior to other cultures!

  44. It's my vote. My right. My say. My opinion. You have yours. If we lived under president XI we wouldn't be having this conversation.

  45. The court literally said the legislature needs to pass stronger protection/amend the constitution. Their ruling is, unfortunately, right in line with the existing law and situation.

  46. For the love of god. They don’t say that being gay isn’t legal, they’re just not allowing marriage.

  47. Were people honestly expecting a different result? You can't just override the legislative process by appealing to the courts. Either you write legislation to allow it and get it passed, or if the existing constitution doesn't allow for it, you change the constitution.

  48. Should be passed through legislation. In this age, hopefully the politicians and voters believe that despite someone's personal opinions about it, we all know that gay people do not have a choice in that and should not be denied equal rights based on their sexuality.

  49. It’s fascinating that redditors always find a way to shoehorn in how asians are so racist when the topic is barely even adjacent to it.

  50. I'm really only browsing this thread out of curiosity. I'm curious to see if there's any weebs in the thread trying to defend Japan because they're obsessed with anime.

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