But this is entirely inappropriate for making the case for same-sex "marriage. However, to insist that the question of marriage is a matter of civil law and not first of all a religious matter does not take us very far. The question behind marriage, in other words, is a structural one that precedes lawmaking. And to join that debate one must appeal, by moral argument, to grounds that transcend the law as it now exists. In this photo, Koyuki Higashi left and Hiroko Masuhara celebrate and hold up their same-sex marriage certificate in Tokyo. Thirteen same-sex couples have filed a lawsuit in Japan arguing that the country's rejection of same-sex marriage violates their constitutional rights.
But, of course, since legal declarations cannot turn reality into something it cannot become, a variety of conundrums, contradictions, and anomalies will inevitably arise.
Gay couples sue Japan over right to get married
Rather the antidiscrimination principle is being used to ask that no citizen be denied the right to call something what he or she wants to call it. But Ai Nakajima, one of the plaintiffs named in the lawsuit, is hopeful that the legal landscape could change. A marriage and a homosexual relationship are two different kinds of relationships and it is a misuse of civil rights law to use that law to try to blot out the difference between two different kinds of things. Facebook Twitter Flipboard Email. The much disputed question of whether same-sex relationships are morally good or bad, healthy or unhealthy, is beside the point at this stage of legal consideration. Today 13 gay couples filed a lawsuit arguing the country's general rejection of same-sex marriage rights violates the constitution.
This is the material legal matter of properly recognizing and identifying what exists and distinguishing between marriages and auto clubs, between schools and banks, between friendships and multinational corporations. In that regard, the question of marriage is not about a civil right at all. Those who want church weddings can have them, but marriage is a matter of civil law. February 14, 6: Gay rights activists have accused Japan of being slow to embrace LGBT rights, being the only member of the G-7 that doesn't recognize same-sex unions. To recognize in law the distinct character of a marriage relationship, which entails sexual intercourse, involves no discrimination of a civil rights kind against those whose bonds do not include sexual intercourse. If homosexual relationships are, in this manner, legally recognized as marriages, no realities will change.