The Tokyo Youth Ordinance discrimates against homosexual activity?

I’ll expand on this once I’m through with the other posts and research I have to do, but from some comments I’ve read in various places, I think there may be a slight a misconception of the following section of the Tokyo Youth Ordinance.

From Dan Kanemitsu’s blog:

“Any manga, animation, or pictures (but not including real life pictures or footage) that features either sexual or pseudo sexual acts that would be illegal in real life, or sexual or pseudo sexual acts between close relatives whose marriage would be illegal, where such depictions and / or presentations unjustifiably glorify or exaggerate the activity.”

Mr. Kanemitsu followed up with a post on what constitutes an illegal marriage in Japan, noting in particular that marriage to “ANYONE OF THE SAME SEX” is also illegal.

Some people seem to be taking this as an indication that this law points to discrimination against homosexuals – perhaps because they assume incest should be covered under the “illegal in real life” phrase? Actually,

Incest is not illegal in Japan.

From wikipedia:

現在日本には近親者同士の合意に基づく性的関係についての規定はない。強姦の場合は強姦罪、子供の場合は児童虐待防止法などの法律で対処する。日本の法律では直系 の血族と、傍 系の血族で三親等以内の人との結婚が禁止されている(民法第734条および第740条)。たとえば、自分自身の兄弟姉妹との関係は、直系ではなく傍系ということになる。法律的には、甥・姪の子どもやい とこは傍系4 親等で結婚可能。

In Japan today, there are no provisions against incest as long as the parties concerned consent to the relationship. If rape is involved, it’s treated as a rape crime; if children are involved, it’s dealt with using anti-child abuse laws. Under Japanese law, marriage is not allowed between blood relations that are related in a direct line or within three degrees for collateral relations (c.f. provisions no. 734 and 740 of the civil code). For example, you and your own siblings are related collaterally, not linearly. By law, you can marry the children of your nephews and nieces, or your cousins etc because they are fourth degree relations.

In my opinion, the second phrase of “between close relatives whose marriage would be illegal” is there only because incestuous acts themselves aren’t illegal. Now, perhaps we’ll disagree about the extent to which depictions of incest should be accessible to minors (I certainly hope works like Koi Kaze and other works that provoke social commentary of incest won’t be affected), but I personally don’t think that the wording is an attack, hidden or otherwise, on homosexuality.

No matter what Governor Ishihara’s opinions about homosexuality are.

About karice
MAG fan, amateur translator and political scientist-in-training. I also love musicals, travel and figure skating!

One Response to The Tokyo Youth Ordinance discrimates against homosexual activity?

  1. Pingback: In memory of 2010 finale: the anime/game/manga industry vs. the Tokyo Government « HOT CHOCOLATE IN A BOWL

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