More courts in Japan are removing same sex marriage bans
(www.yahoo.com)
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In reality these courts agree that both same sex marriage and ban on same sex marriage are unconstitutional. Former is based on vague interpretation of equality to happiness clauses and the latter is based on the very definition of marriage in constitution. The only thing they can do is to change the constitution, but the progressives don't want reformation of army and anti espionage changes because of peace and human rights and shit which the center and right want in exchange. So everyone is at an impasse.
But that is a violation of fundamental precepts of law - the principle of lex specialis.
If there is an actual definition in the constitution, these judges are being even more lawless than usual.
第二十四条 婚姻は、両性の合意のみに基いて成立し、夫婦が同等の権利を有することを基本として、相互の協力により、維持されなければならない。
The Americans fucked up by using gendered language. Back then they were focused on equality of genders and abolishing the patriarchy.
That seems pretty definitive. 両性の合意のみに基いて成立 - 'established solely on the basis of consent between both sexes'. There should be no constitutional way around this. Gay marriage would be consent between one sex.
The classic feminist pitfall of trying to protect muh wimminz from everything but being unable to avoid enshrining traditional concepts of gender at the same time.
gotta remember, there are different camps of feminists, and the pro and anti camps are like catholics vs eastern orthodox, and get along almost as well as muslims and jews.