Showing posts with label Japan. Show all posts
Showing posts with label Japan. Show all posts

Friday, March 15, 2024

Japanese Appellate Court Says Failure to Recognize Same-Sex Marriage Is Unconstitutional

In Japan yesterday, the Sapporo High Court-- an intermediate appellate court-- held that Japan's refusal to recognize same-sex marriages is unconstitutional.  Japan Today reports on the decision:

The Sapporo High Court upheld the lower court's landmark verdict in 2021 that said non-recognition of same-sex marriage violates the right to equality protected under the Constitution but rejected a total of 6 million yen ($40,600) in damages sought by three same-sex couples in Hokkaido against the state for emotional distress.

The plaintiffs said they will appeal the ruling to the Supreme Court.

The ruling, the first by a high court among six lawsuits filed at five district courts questioning the current laws' unacceptance of same-sex marriage, said the provisions violate not only Article 14 on the right to equality but also Article 24, which says marriage shall be only on the mutual consent of "both sexes."

The court stated for the first time that Article 24 can be understood as also guaranteeing marriage between individuals of the same sexes.

The clause did not anticipate same-sex marriages when the Constitution was enacted but "it should be interpreted against the background where respect for individuals is more clearly considered," Presiding Judge Kiyofumi Saito said in handing down the ruling.

Several district (trial level) courts have ruled on the issue, including a ruling yesterday by a district court in Tokyo saying that lack of some sort of recognition of same-sex couples is "a deprivation of a key part of their personal identity." However, the court said that the Diet has many options for recognizing same-sex partnerships.

Wednesday, June 22, 2022

Japanese Court Upholds Ban On Same-Sex Marriage

NPR reports that in Japan on Monday, the Osaka District Court ruled that the country's ban on same-sex marriage does not violate Japan's Constitution, rejecting plaintiffs' demand for damages of 1 milliion Yen ($7400 (US))

The Osaka court on Monday said freedom of marriage in the 1947 constitution only means male-female unions and does not include those of the same sex, and therefore banning same-sex marriages is not unconstitutional.

Judge Fumi Doi said marriage for heterosexual couples is a system established by society to protect a relationship between men and women who bear and raise children, and that ways to protect same-sex relationships are still undergoing public debate.

The court, however, urged the parliament to seek methods to better protect same-sex relationships, including options to legalize same-sex marriage.

The decision is contrary to a ruling in 2021 by a court in Sapporo.

Thursday, February 25, 2021

Japan Supreme Court: City Cannot Offer Land Free To Confucian Temple

Kyodo reports that Japan's Supreme Court yesterday ruled that it was unconstitutional for a city government to waive land usage fees for a Confucian temple:

Presiding Justice Naoto Otani, who heads the top court, said the capital city of Okinawa Prefecture's waiver of the land usage fees for the Confucian temple, which sits on a city-run park, infringes Article 20 of the supreme law, which bans municipalities from engaging in religious activities.

"The Naha city government could be judged to be aiding a certain religion," said the ruling made by the top court's Grand Bench.

The Supreme Court also determined that the temple built by a group of descendants of people who had moved from China to Japan in the 14th century is a religious facility and its historical value and significance as a tourist spot cannot warrant free land usage.

Tuesday, November 12, 2019

Japan's New Emperor To Celebrate Enthronement Rite of Night With Goddess

According to WION, this Thursday brings the last major enthronement rite for Japan's new Emperor Naruhito-- spending the night with the sun goddess from whom some believe the Emperor is descended. This ceremony, known as the Daijosai has led to a suit by a group of 300 people who claim that the millions of dollars spent by the government on the ceremony violates the separation of church and state.

Friday, November 30, 2018

Should Japanese Government Pay For Shinto Royal Rites?

The Telegraph reports:
Prince Akishino, the younger son of Japan’s Emperor Akihito, has stirred controversy by suggesting that the state should not cover the cost of a Shinto religious ritual for his older brother’s accession to the Chrysanthemum Throne next year....
Instead, he said the cost of the Daijosai rite in November should come directly from the imperial family’s funds.....
Under the terms of the constitution, the government is not permitted to engage in religious activities and there are some, apparently including the prince, who believe that the government paying for the two-day Shinto Daijosai ritual runs contrary to those rules.

Friday, October 26, 2018

Japanese Court Rejects Challenge To Prime Minister's Visit To Yasukuni Shrine

Kyodo News reports on a decision by a Japanese appellate court yesterday holding that a 2013 visit by Prime Minister Shinzo Abe to the Yasukuni Shrine did not violate the religious freedom of the 450 citizens who brought the lawsuit. The shrine honors millions of war dead, but also convicted war criminals, and the Prime Minister's visit, according to the plaintiffs heightened international tensions.  The court held that the visit did not interfere with plaintiffs' faith.

Tuesday, April 22, 2014

2 Suits Say Japan's Prime Minister Violated Religion-State Limits In Visiting Yasukuni Shrine

In Japan yesterday, 273 plaintiffs filed suit asking the Tokyo District Court to rule that the visit last December to the Yasukuni Shrine by Prime Mnister Shinzo Abe violated Japan's constitutional separation of politics and religion.  Asahi Shimbun reports that the suit claims the visit aggravated relations with neighboring nations because in addition to memorializing Japan's war dead, the shrine memorializes 14 Class-A war criminals from World War II. A similar lawsuit was filed in the Osaka District Court on April 11. Yesterday's suit seeks an injunction against future visits by the prime minister plus a minimal amount in damages.

Thursday, December 26, 2013

Japan's Prime Minister Angers China, South Korea By Visiting Controversial Shinto War Shrine

Today Japan's Prime Minister Shinzo Abe angered China and South Korea by visiting the Yasukuni Shrine, a Shinto shrine to the war dead including Japanese leaders who were convicted as war criminals at the end of World War II.  Reuters reports that today's visit was part of Abe's attempt to restore Japan's pride in its past and rewrite its wartime history. His visit, including a televised motorcade to the shrine, threatens to exacerbate longstanding strains in relations with China and South Korea.  Abe said however:
There is criticism based on the misconception that this is an act to worship war criminals, but I visited Yasukuni Shrine to report to the souls of the war dead on the progress made this year and to convey my resolve that people never again suffer the horrors of war.

Sunday, November 24, 2013

Shinto Is Growing Force In Japanese Politics

The Japan Times yesterday carried an interesting article on the growing influence of Shinto in Japanese politics. Japan’s education minister, Hakubun Shimomura, is concerned about the negative self-image Japanese high schoolers have. His solution is more moral and patriotic education. This is part of a broader political movement:
Many of the nation’s top elected officials, including [Prime Minister Shinzo Abe and Education Minister Shimomura] ... are members of ... Shinto Seiji Renmei (officially, the Shinto Association of Spiritual Leadership...). A sister organization, the Shinto Political Alliance Diet Members’ Association boasts 240 lawmakers, including 16 out of the government’s 19-member Cabinet....
Seiji Renmei sees its mission as renewing the national emphasis on "Japanese spiritual values." In principle, this means pushing for constitutional revision and patriotic and moral education, and staunchly defending conservative values....
The American Occupation of 1945-51 ended Shinto’s status as a state religion and attempted to banish its influence from Japan’s public sphere, notably its emphasis on a pure racial identity linked to the Emperor. The core element of this belief, ruthlessly enforced through the education system, was the emperor’s divine status as a direct descendant of the sun goddess Amaterasu. Though weakened, Shinto conservatives in Japan “were simply biding their time” until they could restore the religion’s rightful place in Japanese society....