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Japanese Court Rules Same-Sex Marriage Restrictions Unconstitutional

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  • On Wednesday, a Japanese district court in Sapporo, on the northern island of Hokkaido, ruled for the first time that restrictions against same-sex couples are unconstitutional.
  • The court found that while some provisions of the Japanese constitution enshrine marriage as a union between a male and female, they don’t preclude the possibility of same-sex marriages. It also argued that other provisions ensure equal rights under the law for all citizens.
  • Other current cases in Japan deal with the same issue regarding same-sex marriage as well as the need to pass legislation on the matter.
  • LGBTQ+ people don’t face widespread repression in Japan, but also don’t have the same rights hetero couples enjoy, such as medical visitation rights, the ability to adopt, and spousal income tax deductions.

Editor’s Note: The Japanese government has asked Western outlets to adhere to Japanese naming conventions. To that end, Japanese names will be written as Family Name followed by Given Name.

Legal Victory for Same-Sex Japanese Couples

For the first time in Japanese history, a major court ruled on Tuesday that the government’s refusal to recognize same-sex marriages is unconstitutional.

This case is the first to be decided on out of multiple similar ones brought by 13 couples who coordinated to sue the government on Valentine’s Day 2019 in Sapporo, Tokyo, Osaka, and Nagoya. During proceedings, the government relied on language from Article 24 of the constitution, which states that “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”

The court agreed with the argument; however, it also agreed with the plaintiffs’ argument that while Article 24 might apply to hetero couples, it doesn’t preclude the right for same-sex couples to marry. Ultimately, the court found the couples’ argument that the government violated Article 14, which guarantees equality under the law, the most compelling.

Following the decision, supporters and the plaintiffs held celebrations outside the courthouse. “My tears didn’t stop flowing. The court took us seriously,” said a plaintiff in his 40s, who uses Kunimi Ryosuke as his pseudonym.

According to a government official, the Justice Ministry will now study the details of the decision and pending lawsuits around the country, although it should be noted that the ruling doesn’t make same-sex marriage legal across all of Japan. Despite lacking widespread authority to change the law, the ruling does hold weight among the other district courts that could lead to changes in the law itself.

Unfortunately for same-sex couples, that process may take some time, as the political will to officially write this into law is “lukewarm at best,” according to the Japan Times. Currently, Japan is the only G7 member state that doesn’t recognize same-sex marriage.

Growing Recognition in Japan

Currently, LGTBQ+ rights in Japan are varied. While LGTBQ+ people aren’t specifically targeted and repressed under the law, such as in Saudi Arabia, they aren’t given the same privileges and rights as hetero couples. Prominent examples include the struggle same-sex couples face to be granted medical visitation rights, the ability to make medical decisions for unconscious partners, co-parenting rights, and spousal income tax deductions.

All of this was brought up by Judge Takebe Tomoko Wednesday morning, who admonished the government for not offering “even a degree” of marital benefits to same-sex couples. Local municipalities have tried to rectify the situation by issuing “partnership certificates” to same-sex couples, which grant some of these rights. However, without a national policy, the rights are limited and can often be ignored by institutions.

Despite the drawbacks and ultimately limited nature of the win, activists have still hailed it as a massive victory for LGBTQ+ people in the nation not only because it backs up their right to marry and maintain the same rights as heterosexual individuals, but also because it draws more awareness and gives momentum to a movement that has slowly been gaining ground in the traditionally conservative country.

See What Others Are Saying: (Japan Times) (Kyodo News) (NPR)

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Northern Ireland Police Arrest Two More Men Over Murder of Journalist Lyra McKee

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Lyra McKee was covering a riot in 2019 when members of the New Irish Republican Army opened fire on police, accidentally killing McKee in the process.


Police Making Headway

Police in Northern Ireland announced Wednesday that they have arrested two more men in connection with the April 2019 murder of journalist Lyra Mckee.

According to authorities, the 24- and 29-year-old men were detained under the Terrorism Act and are specifically suspected of being with the actual gunmen who shot McKee, rather than involved in other crimes that occurred that night.

Three other men have been charged with murder for her death, including 33-year-old Peter Géaroid Cavanagh and 21-year-old Justin Devine, both of who were arrested last week. They were similarly charged under the Terrorism Act while two additional men were arrested on rioting and petrol bomb offenses on the night McKee was killed.

McKee died while covering a demonstration that turned violent in Derry. She was reportedly standing near police when members of the New Irish Republican Army (New IRA) opened fire. The group’s role in her death has rarely been in doubt, as it was quick to take responsibility for the crime.

“In the course of attacking the enemy, Lyra McKee was tragically killed while standing beside enemy forces,” it said in a statement to The Irish Times, which the paper confirmed via a series of code words. “The IRA offer our full and sincere apologies to the partner, family and friends of Lyra McKee for her death.”

McKee was considered an upcoming journalist who focused on LGBTQ issues in relatively conservative Northern Ireland. Despite her death and seeming remorse from the New IRA, the group was unwilling to give up its members. Information about her death was slow coming, with police taking nearly a year before making any substantial arrests.

Prosecutors Fail to Block Bail

One of the first people arrested in connection to this case was 53-year-old Paul McIntrye, who has been on bail for more than a year. His current freedom led prosecutors to fail in a bid on Wednesday to keep Devine, Cavanagh, and 21-year-old Joe Cambell (who is accused of throwing petrol bombs) from being released on bail. A judge told prosecutors, “It’s difficult to distinguish the case against McIntyre and that against Devine and Cavanagh.”

“The prosecution have not sought to differentiate between these applicants and McIntyre in terms of involvement.”

McKee is one of many deaths inflicted by the New IRA and its predecessors. The group originated in 2012 when various republican dissident groups within Northern Ireland banded together. Most of these organizations, including the New IRA, claim to be the legitimate successors of the “IRA,” a nebulous term that encompasses many groups that engaged in anti-British activities throughout Northern Ireland until the 1998 Good Friday Agreement. The New IRA rejects the agreement and seeks a united Ireland through the use of physical force.

The defendants currently released on bail are all expected to return to court on October 7.

See what others are saying: (The Guardian) (BBC) (Independent)

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Trudeau and Liberals Secure Shallow Victory in Snap Elections

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The Prime Minister had hoped to secure a mandate for the Liberal Party and a clear legislative majority to move forward with COVID-19 recovery plans, but he will now face leading yet another minority government.


Two Elections in Two Years

Canadian Prime Minister Justin Trudeau held onto power after Monday’s federal parliamentary election, but he will still lead a minority government now that his Liberal Party has again failed to secure a majority of seats.

The results mirror those of the country’s last election in 2019, and in the lead-up to Monday’s vote, many Canadians questioned why another parliamentary election was occurring so soon when the next scheduled elections would happen in another two years. The most basic answer is that Trudeau called for a snap election in August. However, reports on his reasoning vary.

Trudeau himself said he wanted a clear mandate from voters so he could move forward with efforts to lead Canada out of the pandemic and focus on recovery plans. Yet, for Conservatives and Canada’s smaller parties, this election was viewed as a blatant power-play by Trudeau to get more seats just two years after his Liberal party lost its majority.

Whatever the reason actually was, the snap-election was a gamble that doesn’t seem to have paid off. While some mail-in votes are still being counted, over 98% of the results are already in and they’ve proven to be a return to the status quo. The Liberals are gaining just one seat and the Conservatives are only losing two, while the minor parties in Canada are exchanging a few seats.

Possible Political Blunder

It’s likely that the call for a snap election was a miscalculation by Trudeau, who received high praise in polls when asked about his response to the COVID-19 pandemic; however, in polls that looked at his overall popularity, most voters said they have a dimmer view of Trudeau.

According to the Angus Reid Institute, a non-profit pollster out of British Columbia, Trudeau struggled to have a majority of voters approve of his tenure. In August, just after he called for snap election, his popularity plummeted further, with a majority of voters overtly disapproving of the Prime Minister.

As of election day, that number continued to rise.

Additionally, Trudeau’s calls for what many viewed as an unnecessary election in order to get a mandate on how to move forward against COVID-19 came off as tone-deaf since Canada is in the middle of dealing with rising Delta cases. This is an argument that the Conservatives picked up on, including leader Erin O’Toole, who called it “un-Canadian.”

There is also criticism over how Trudeau conducted his campaign. The Justin Trudeau of 2021 isn’t the same man who first gained power in 2015. Back then, Trudeau was somewhat of a Barak Obama-esque figure. He was a political underdog who ran on a platform of hopeful optimism over what could be achieved in Canada.

Fast forward to 2021, and Trudeau was less concerned about presenting his party’s hopes for the future and more concerned about sparking fears over what a Conservative government would do. His biggest fears seemed to have been the undoing of years of legislative and executive actions, including the reversal of a firearms ban.

In one rally earlier this month, Trudeau warned supporters that, “Mr. O’Toole won’t make sure the traveler sitting beside you and your kids on a train or a plane is vaccinated.”

“This is the moment for real leadership. Mr. O’Toole doesn’t lead — he misleads.”

But many of the things Trudeau attacked O’Toole and the Conservatives for are possibly no longer positions they hold. O’Toole recently took on the leadership of the Conservatives last year, and before the election, he published a 160-page document that sought to clarify his party’s positions and broaden their appeal.

One major reversal was support for a carbon tax, a traditionally Liberal Party platform. However, that manifesto seemingly wasn’t enough, as O’Toole later had to reverse course on a promise in the manifesto and clarify that the Conservatives wouldn’t actually overturn Trudeau’s ban on 1,500 sporting rifles, leading to some confusion among voters over his actual stance.

That being said, some of the major criticisms of O’Toole levied by Trudeau still stood up to scrutiny, such as his opposition to vaccine mandates or vaccine passports.

The Popular Vote Doesn’t Win Elections, Even in Canada

Another miscalculation that lead to the call for a snap election may have been a misread on how popular the Conservatives are. In 2019, the party won the popular vote, and Monday’s election seems to be another repeat. The Conservatives won just over 34% of the popular vote but only secured 35.8% of the seats in parliament. The Liberals received under 32% of the popular vote, but around 46% of parliament’s states. The disparity in the popular vote and how many seats a party actually receives has led to claims that the system is flawed and as unrepresentative as the United States’ Electoral College allegedly is.

Regardless of the representation disparity in Canada, many felt this snap election meant that Trudeau didn’t get the mandate he sought. Even so, Trudeau gave what he called a “victory speech” in Montreal, saying, “You are sending us back to work with a clear mandate to get Canada through this pandemic.”

Trudeau will likely need to rely on the left-leaning New Democratic Party to secure enough seats to form a majority government, although there are concerns that such a government could fall, as minority governments are notoriously fragile.

Such a situation would mean that this snap election may prove to be a political pitfall for Trudeau.

See what others are saying: (The New York Times) (The Guardian) (CNN)

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U.S. Will Ease Travel Restrictions for Vaccinated Foreign Passengers

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The move will allow Americans with family abroad to reunite with loved ones who they have been restricted from seeing since early 2020.


U.S. Changes Policy for Foreign Visiters

The White House has said it will lift travel restrictions starting in November for foreign visitors coming to the U.S. who are fully vaccinated against COVID-19. 

Along with proof of vaccination, White House COVID response coordinator Jeff Zients said Monday that noncitizens will also have to show a negative COVID test taken within three days of departure.

The announcement ends an 18-month ban on travel from more than 30 countries, including the UK and members of the EU. That ban has been a major source of tension with Europe because European and British officials lifted entry restrictions on people from the U.S. and other countries in June after vaccines became widely available. Up until now, the Biden administration hadn’t reciprocated.

Many experts found the policy hard to understand since some countries with high COVID rates were not on the restricted list while some that had the pandemic more under control were.

Tensions further escalated last month when the EU removed the U.S. from its safe travel list, though that was a nonbinding order that recommended EU nations to restrict U.S. travelers.

It’s also worth noting that the Biden Administration’s latest announcement came as the president prepared to meet face-to-face this week with world leaders at the United Nations.

The UN General Assembly is set to include European leaders who have voiced additional frustration over the administration’s handling of the pullout from Afghanistan. On top of that, France is enraged by a U.S. deal to sell nuclear submarines to Australia, which France said undercut its own agreement with that country.

Additional Changes

In addition to the changes regarding foreign travelers, the White House has said it will tighten rules for unvaccinated U.S. citizens returning home, saying they now need to test negative one day before departure and schedule another test for after their arrival.

In the coming weeks, the CDC will also be requiring airlines to collect and provide passenger information to aid contract tracing.

There will be a few exemptions to the vaccination requirements for foreign visitors, including ones for children not yet eligible to be vaccinated. Still, full details of the policy have not yet been released.

The changes have long been called for by airlines and others in the travel industry who are now cheering the news, especially ahead of the holiday season.

The move means Americans will likely see a boost in travel as the year comes to a close, but for many with family abroad, it also means they can finally reunite with loved ones who they’ve been restricted from seeing since early 2020.

See what others are saying:(The Washington Post)(Axios)(The Wall Street Journal)

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