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15 NTU L. Rev. 1 (2020)

handle is hein.journals/ntulr15 and id is 1 raw text is: Article Status of Same-Sex Marriage Legislation in Japan Masahiro Sogabe * ABSTRACT This article provides an overview of the status of same-sex marriage legislation in Japan. While there are lawmakers in Japan who advocate for recognition of same-sex marriage through legislation, conservatives committed to the traditional family view predominate in the Diet. Article 24 of the Constitution is a provision on marriage, but because it states that marriage shall be established solely on the basis of the consent of both sexes, there are a few scholars who argue that the Constitution guarantees same-sex marriage, while there are few who argue that it prohibits it. The majority holds that the law can recognize same-sex marriage. There have been lawsuits filed seeking recognition of same-sex marriages, but it is unlikely that the Supreme Court, with its extreme judicial reluctance, would find them unconstitutional. On the other hand, public opinion's understanding of same-sex marriage has gradually improved in recent years, and while the road is not easy, it will be interesting to see what happens in the future. Keywords: Same-sex Marriage, the Constitution of Japan, the Equality Principle DOI 10.3966/181263242020031501001 * Professor, Graduate School of Law, Kyoto University. 1

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