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mwigdahlyesterday at 10:51 PM1 replyview on HN

I'm confused where the assertion about the constitution is coming from. There have been at least 5 years of lower court decisions in Japan stating that lack of same sex marriage is unconstitutional. See the below article noting that the current ban on same sex marriage is due to civil law, not the constitution.

https://apnews.com/article/japan-lgbtq-samesex-marriage-ruli...


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anonymous908213yesterday at 11:04 PM

I mean, lower courts don't mean a lot in the grand scheme of things, for better or worse. It seems clear that the lower courts are trying to legislate from the bench in service of a moral good. The constitution is extremely unambiguous about this:

  第二十四条

  婚姻は、両性の合意のみに基いて成立し、夫婦が同等の権利を有することを基本として、相互の協力により、維持されなければならない。
With "両性" unambiguously meaning "both sexes" and "夫婦" unambiguously meaning "husband and wife".
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