Marriage
(Not my marriage! ^^; )
When we think of 'family', there is a couple at least at the beginning. And we think of it's a set of a male and a female. In Japan, it is possible to change the family register with the gender since 2004 and it is possible for those to marry other people who has the other sex registration.
By this method, it is possible that those who have got the same sex originally can have legal marriage.
But this method may only help a couple who want to marry as a male and a female, and does not work for those who want to marry as a couple of the same sex.
Japanese constitution tells that marriage may accomplished by the agreement done by only both sexes (24-1). Some says that this clause demands marriage to be held by both sexes, whereas others says this clause is meant to exclude the third party's element to influence the accomplishment of marriage so that the marriage between the same sex is not prohibited.
Since a law exists through out a long term followed by the society with dominant ideas which change their attitudes from time to time, the interpretation of law shall be done according to the purpose of the clause and the dominant idea held as a common sense at the time the issue's on the table.
As the purpose is to exclude the third party, the matter to be argued must be whether our common sense realize an apparent same-sex couple as a married couple.
Personally, I think this may happen someday in the future but I think it is hard to realize a couple of apparent men or women as a married couple right now in Japan... I can assume a man walking with a woman intimately as a married couple but....if it's a couple of a man walking intimately with a man...no such assumption may arise...I may only guess them as close friends (sorry....).
If the way of their living has become common and we can share the point of view of how the marriage life is, I think it is possible to apply the legal word 'marriage' to those couples without revision of the constitutional clause. Till then, I think we can support them based on their contracts and by some legislation with adoption for example.
I would like to keep a close watch on this topic.
=Mexico=
http://www.nytimes.com/2010/02/07/world/americas/07mexico.html?th&emc=th
=Ref.1: Japan=
http://ja.wikipedia.org/wiki/%E6%80%A7%E5%90%8C%E4%B8%80%E6%80%A7%E9%9A%9C%E5%AE%B3%E8%80%85%E3%81%AE%E6%80%A7%E5%88%A5%E3%81%AE%E5%8F%96%E6%89%B1%E3%81%84%E3%81%AE%E7%89%B9%E4%BE%8B%E3%81%AB%E9%96%A2%E3%81%99%E3%82%8B%E6%B3%95%E5%BE%8B
=Ref2: Japanese constitution 24=
http://ja.wikipedia.org/wiki/%E6%97%A5%E6%9C%AC%E5%9B%BD%E6%86%B2%E6%B3%95%E7%AC%AC24%E6%9D%A1
When we think of 'family', there is a couple at least at the beginning. And we think of it's a set of a male and a female. In Japan, it is possible to change the family register with the gender since 2004 and it is possible for those to marry other people who has the other sex registration.
By this method, it is possible that those who have got the same sex originally can have legal marriage.
But this method may only help a couple who want to marry as a male and a female, and does not work for those who want to marry as a couple of the same sex.
Japanese constitution tells that marriage may accomplished by the agreement done by only both sexes (24-1). Some says that this clause demands marriage to be held by both sexes, whereas others says this clause is meant to exclude the third party's element to influence the accomplishment of marriage so that the marriage between the same sex is not prohibited.
Since a law exists through out a long term followed by the society with dominant ideas which change their attitudes from time to time, the interpretation of law shall be done according to the purpose of the clause and the dominant idea held as a common sense at the time the issue's on the table.
As the purpose is to exclude the third party, the matter to be argued must be whether our common sense realize an apparent same-sex couple as a married couple.
Personally, I think this may happen someday in the future but I think it is hard to realize a couple of apparent men or women as a married couple right now in Japan... I can assume a man walking with a woman intimately as a married couple but....if it's a couple of a man walking intimately with a man...no such assumption may arise...I may only guess them as close friends (sorry....).
If the way of their living has become common and we can share the point of view of how the marriage life is, I think it is possible to apply the legal word 'marriage' to those couples without revision of the constitutional clause. Till then, I think we can support them based on their contracts and by some legislation with adoption for example.
I would like to keep a close watch on this topic.
=Mexico=
http://www.nytimes.com/2010/02/07/world/americas/07mexico.html?th&emc=th
=Ref.1: Japan=
http://ja.wikipedia.org/wiki/%E6%80%A7%E5%90%8C%E4%B8%80%E6%80%A7%E9%9A%9C%E5%AE%B3%E8%80%85%E3%81%AE%E6%80%A7%E5%88%A5%E3%81%AE%E5%8F%96%E6%89%B1%E3%81%84%E3%81%AE%E7%89%B9%E4%BE%8B%E3%81%AB%E9%96%A2%E3%81%99%E3%82%8B%E6%B3%95%E5%BE%8B
=Ref2: Japanese constitution 24=
http://ja.wikipedia.org/wiki/%E6%97%A5%E6%9C%AC%E5%9B%BD%E6%86%B2%E6%B3%95%E7%AC%AC24%E6%9D%A1
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- 2010-02-08 10:54:29