39 votes

Denying same-sex marriage is unconstitutional, a Japanese high court rules

3 comments

  1. [3]
    DefinitelyNotAFae
    Link
    This is a good thing but can someone explain: So they say the law is unconstitutional but it can still be in effect because the court can't do more than say it's bad? Anyone understand this better...

    This is a good thing but can someone explain:

    The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted that allows for other types of unions.

    So they say the law is unconstitutional but it can still be in effect because the court can't do more than say it's bad? Anyone understand this better that can help me out or point me in a direction

    5 votes
    1. [2]
      cfabbro
      (edited )
      Link Parent
      I can't speak for Japan, since I am not Japanese. However, if Japan is anything like Canada, when a law is ruled unconstitutional the government has a certain amount of time to reform the current...

      I can't speak for Japan, since I am not Japanese. However, if Japan is anything like Canada, when a law is ruled unconstitutional the government has a certain amount of time to reform the current law or pass a new law, which is then reviewed by the court to determine if it's sufficient to pass constitutional muster.

      8 votes
      1. DefinitelyNotAFae
        Link Parent
        Ok thanks! It seems like multiple district courts have ruled same sex marriage should be allowed but this was the first to rule it unconstitutional, and it seemed like that should go quicker, but...

        Ok thanks! It seems like multiple district courts have ruled same sex marriage should be allowed but this was the first to rule it unconstitutional, and it seemed like that should go quicker, but that makes sense!

        4 votes