Road to Same-Sex Marriage Equality in Japan: The Constitutional Controversy in the Sapporo, Osaka and Tokyo Cases
Despite growing public support, Japan has yet to recognize same-sex marriage. To this end, LGBTQ+ activists have challenged the constitutionality of the same-sex marriage ban at different courts across the country, including the Sapporo, Osaka and Tokyo District Courts, though these legal bids were met with different outcomes. The lawyers who handled these respective cases will join us in this webinar, dissecting the Courts' decisions and effect thereof on the ongoing advocacy to legalize same-sex marriage in Japan, with HKU's Associate Professor and Director of the LLM in Human Rights Programme Kelley Loper as discussant to relate Japan's situation with other constitutional controversies across Asia brought about by the fight for marriage equality.
Mr. Takeharu Kato, lawyer at Hokkaido Godo Law Office
Ms. Makiko Terahara, partner at Tokyo Omotesando Law and Accounting LPC
Ms. Kelley Loper, Associate Professor and Director of the LLM in Human Rights Programme, HKU
Date: 13 December 2022
Five Key Takeaways of【Road to Same-Sex Marriage Equality in Japan: The Constitutional Controversy in the Sapporo, Osaka and Tokyo Cases】
Summary Text 回放:
· Background of the lawsuits
· Comparison between Sapporo and Osaka decisions, in terms of their conclusions, purpose of the institution of marriage, whether same-sex marriage is guaranteed by the Constitution, whether the ban violates the equality provision, whose role it is to protect minority rights
· Deep dive into the Tokyo decision, how it is similar/different to the previous decisions, especially highlighting the discussion on “individual dignity”, the fact that ideas on marriage and family can be subject to change, and whether the provision of legal means is the only way to recognize same-sex marriage
· Current situation surrounding same-sex couples in Japan
· Marriage for All Japan’s campaigning activities
· On Japan:
o Opportunity structures: the role of courts and legislatures and available remedies
o Advocacy strategies aimed at both legal and social change
o The significance of dignity in the judgments
o Impact of international advocacy and UN human rights mechanisms
· On Hong Kong:
o Robust equality doctrine
o Sham Tsz Kit v. Secretary for Justice
o Public opinion
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PowerPoint (簡報 / 幻燈片) 下載：
1. Takeharu Kato (加藤丈晴)'s PowerPoint
2. Makiko Terahara (寺原真希子)'s PowerPoint
3. Kelley Loper's PowerPoint