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Denying same-sex marriage is unconstitutional, a Japanese high court says
Court Watch |
2024/03/14 13:52
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A Japanese high court ruled Thursday that denying same-sex marriage is unconstitutional and called for urgent government action to address the lack of any law allowing for such unions. Plaintiffs and the LGBTQ+ community in Japan cheered it as a landmark decision that gives them hope for change toward equality.
The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted that allows for other types of unions.
The Sapporo High Court ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. The case was brought by three same-sex couples who appealed three years ago after a lower court recognized the unconstitutionality of excluding same-sex couples from marriage equality but dismissed compensation claims for their suffering.
A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo District Court ruling was only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it doesn’t change or overturn the current civil union law that the government says defines marriage as between a man and a woman.
Five previous court decisions in various cities said Japan’s policy of denying same-sex marriage is either unconstitutional or nearly so. However, unlike the Sapporo ruling Friday, none of the district-level courts clearly deemed the Japanese government’s existing policy to reject same-sex couples unconstitutional.
Sapporo High Court Judge Kiyofumi Saito said the constitutional freedom of marriage is about partnership between two human beings, and the right to marry should equally protect couples of different and same sexes. With their exclusion, same-sex couples have experienced significant disadvantages, suffering or loss of identity, the judge said.
“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” the ruling said. But allowing same-sex marriage creates no disadvantage or harm to anyone, it said.
A plaintiff, Eri Nakaya, said the traditional definition of marriage repeatedly made her feel that same-sex couples are treated as if they do not exist.
“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s okay just to be me,” she said.
Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to legally marry and receive spousal benefits. |
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Trump arrives in federal court in Florida for classified docs case
Court Watch |
2024/02/12 15:19
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Former President Donald Trump arrived Monday morning at a federal courthouse in Florida for a closed hearing in his criminal case charging him with mishandling classified documents.
The hearing was scheduled to discuss the procedures for the handling of classified evidence in the case, which is currently set for trial on May 20. Trump faces dozens of felony counts accusing him of hoarding highly classified records at his Mar-a-Lago estate and obstructing FBI efforts to get them back.
U.S. District Judge Aileen Cannon expects to hear arguments in the morning from defense lawyers and in the afternoon from prosecutors, each outside of the other’s presence.
“Defense counsel shall be prepared to discuss their defense theories of the case, in detail, and how any classified information might be relevant or helpful to the defense,” Cannon wrote in scheduling the hearing.
Trump’s motorcade arrived at the courthouse in Fort Pierce shortly after 9 a.m.
The hearing is one of several voluntary court appearances that Trump has made in recent weeks — he was present, for instance, at appeals court arguments last month in Washington — as he looks to demonstrate to supporters that he intends to fight the four criminal prosecutions he faces while also seeking to reclaim the White House this November. |
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Pierce Brosnan accused of trespassing in a Yellowstone thermal area
Court Watch |
2023/12/29 10:31
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Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.
Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.
Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.
Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.
Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.
Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.
Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.
In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.” |
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Trump decides against testifying for second time in NY civil fraud trial
Court Watch |
2023/12/11 16:30
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Donald Trump said Sunday he has decided against testifying for a second time at his New York civil fraud trial, posting on social media a day before his scheduled appearance that he “very successfully & conclusively” testified last month and saw no need to do so again.
The former president, the leading contender for the 2024 Republican nomination, had been expected to return to the witness stand Monday as a coda to his defense against New York Attorney General Letitia James ' lawsuit.
James, a Democrat, alleges Trump inflated his wealth on financial statements used in securing loans and making deals. The case threatens Trump’s real estate empire and cuts to the heart of his image as a successful businessman.
“I will not be testifying on Monday,” Trump wrote in an all-capital-letters, multipart statement on his Truth Social platform less than 20 hours before he was to take the witness stand.
“I have already testified to everything & have nothing more to say,” Trump added, leaving the final word among defense witnesses to an accounting expert hired by his legal team who testified last week that he found “no evidence, whatsoever, for any accounting fraud” in Trump’s financial statements.
A Trump spokesperson did not immediately respond to questions about his decision.
The decision was an abrupt change from Trump’s posture in recent days, when his lawyers said he was insistent on testifying again despite their concerns about a gag order that has cost him $15,000 in fines for disparaging the judge’s law clerk.
“President Trump has already testified. There is really nothing more to say to a judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump’s testimony and that of everyone else involved in the complex financial transactions at issue in the case,” Trump lawyer Christopher Kise said Sunday.
Trump’s decision came days after his son, Eric Trump, ditched his return appearance on the witness stand. Trump said on social media that he’d told Eric to cancel. It also follows Trump’s first trip back to court since he testified in the case on Nov. 6. Last Thursday, he watched from the defense table as the accounting professor, New York University professor Eli Bartov, blasted the state’s case and said Trump’s financial statements “were not materially misstated.”
Trump’s cancellation caught court officials by surprise. Without Trump on the witness stand, the trial will be on hold until Tuesday, when Bartov will finish his testimony. State lawyers say they’ll then call at least one rebuttal witness. |
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Equal rights for same-sex couples approved by Thailand's Cabinet
Court Watch |
2023/11/22 09:36
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Thailand’s Cabinet on Tuesday approved an amendment to its civil code to allow same-sex marriage, with an expectation for the draft to be submitted to Parliament next month.
Karom Polpornklang, a deputy government spokesperson, said the amendment to the Civil and Commercial Code will change the words “men and women” and “husband and wife” to “individuals” and “marriage partners” for same-sex couples to be able to receive the same rights that heterosexual couples receive.
He said the law would guarantee the right to form a family in a relationship between same-sex couples, adding that the next step will be an amendment to the pension fund law to recognize same-sex couples as well.
Prime Minister Srettha Thavisin told reporters that the draft law is expected to be proposed to Parliament on Dec. 12. If it becomes law after Parliament’s approval and King Maha Vajiralongkorn’s endorsement, Thailand will be the third place in Asia, after Taiwan and Nepal, to allow same-sex marriage.
While famous for being an LGBTQ+ friendly country, Thailand has struggled to pass a marriage equality law. Parliament last year debated several legal amendments to allow either marriage equality or civil unions, which do not grant same-sex couples all the same rights as heterosexual couples. All of the bills failed to be passed before the parliamentary session of the previous government ended.
The new government led by the Pheu Thai party, which took office in August, revived the attempt to pass a marriage equality bill, which it had promised during its election campaign. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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