Both sexes clause japanese constitution

Article All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex. Equality between the sexes is explicitly guaranteed in relation to marriage (Article 24) and childhood education (Article 26). Prohibition of peerage: Article. Marriage shall be based only on the mutual consent of both sexes and it shall be in order to execute the provisions of this Constitution and of the law.

Japan’s constitution specifies that marriage shall be only with the mutual consent of both sexes. While the government uses this clause to maintain that same-sex marriage is ‘not foreseen’ in the constitutional or civil law, the lawyers and legal experts counter that it doesn’t prohibit same-sex marriage. A key point in the trial was the plaintiffs’ contention that Article 24 of the Japanese Constitution, which states that “Marriage is a union to be based on the mutual agreement of both sexes only” is simply an indicator that marriage is to be entered into by the free will of both spouses, and is not a prohibition of same-sex marriage. Takabe agreed with that stance, rejecting the alternate . Marriage shall be based on ly on the mutual consent of both sexes and it shall be maintain ed through mutual cooperation with the equal right s of husband and wife as a basis. With regard to choice of spouse, property right s, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enact ed from the st and point of individual .

Answer (1 of 3): I don’t think that’s true, but what is true one of the provisions in the Japanese constitution is supposedly there because of the dogged insistence of General MacArthur’s secretary, Beate Sirota Gordon. The Japanese government has argued that same sex marriage is "not foreseen" in the constitution or civil law. But legal experts say there is nothing prohibiting it, arguing that the clause is based. With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of.

We, the Japanese people, acting through our duly elect ed representative s in the National Diet, de term ined that we shall secure f or ourselves and our post erity the fruit s of peaceful cooperation with all nations and the blessings of liberty throughout this land , and resolve d that never a gain shall we be vi site d with the h or r or s of war through the action of government , do pro claim that sovereign power reside s with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority f or which is derived from the people, the power s of which are exercise d by the representative s of the people, and the benefit s of which are enjoy ed by the people. This is a universal principle of man kind upon which this Constitution is founded. We reject and revoke all constitution s, laws, or dinances, and rescripts in conflict herewith.