2020 Volume 13 Pages 98-115
This article is a half of the opinion that the author submitted to the Tokyo District Court on June 30, 2020. By understanding the meanings of visa status of “long term resident” from a historical sociological perspective, it is possible to relativize the precedent of the Grand Bench of Supreme Court Decision of October 4, 1978 (“McLean Judgment”), which limits the human rights of foreign nationals in Japan. This article considers the deportation order issued to Brazilian LGBT person as a specific case. Same-sex marriage with a Japanese partner is also a problem here. Although Japan’s government does not permit same-sex marriage, there is still the possibility of properly protecting the family of Japanese and aliens, including same-sex marriage, regardless of whether or not legislation is imposed. The following statement of opinion discusses deviations and abuses of the scope of the Minister of Justice’s discretion in the determination of special permission to stay in Japan based on such ideas.
https://ror.org/00ws30h19 