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This is your payback for being an ally of the United States: they come into your country and force you to have gay sex.
A Japanese high court ruled Wednesday that the country’s lack of legal recognition for same-sex marriage violates the right to equality under the Constitution, saying the ban leads to discriminatory treatment of people based on sexual orientation.
But the Tokyo High Court upheld a lower court ruling rejecting a demand by plaintiffs for the state to pay damages, citing the lack of a decision by the Supreme Court. It became the second high court to rule that the ban is unconstitutional.
The court also ruled that the marriage ban violates the section of the Constitution that says laws concerning matters pertaining to marriage and family “shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.”
Current civil law provisions “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,” according to the ruling.
Presiding Judge Sonoe Taniguchi acknowledged that recognition of a person’s right to a spousal relationship with a partner should be respected as an “important legal interest” for all including those in same-sex relationships.
“The degree of social acceptance for granting (same-sex couples) the same protection as heterosexuals has heightened considerably,” she said.
In dismissing the damages claim by the seven plaintiffs, Taniguchi said that since the Supreme Court has yet to rule on the issue, the court cannot find the government liable to compensate for the Diet’s failure to take legislative action.
The seven plaintiffs, including same-sex couples, had demanded 1 million yen ($6,500) each from the state. They argued that civil law provisions not allowing same-sex marriage violate the right to equality under the Constitution and its guarantee of the freedom of marriage.
Article 24 of the Constitution that guarantees the freedom of marriage stipulates, “Marriage shall be based only on the mutual consent of both sexes.”
Some of the plaintiffs and their supporters expressed joy after the ruling.
“The presiding judge’s words flowed into my head and I realized that the judge took our arguments to heart. I am happy to be here today,” said Chizuka Oe, one the plaintiffs.
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Japan remains the only Group of Seven major industrialized country that has not legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community and its supporters.
Japan has fallen.
Billions must die.
