#also im a transpacific american lawyer if that helps add any validity to my understanding of legal developments in modern japan

[kaurwreck]

fun fact! the contemporary Japanese constitution as amended does not and can't exist in bsd. this isn't conjecture— there are institutions that still exist in bsd that were dissolved by Japan's current constitution, and the events leading to Japan's current constitution have not happened in bsd.

Japan's constitution was rewritten by US General Douglas MacArthur in 1946, in the aftermath of WW2. But WW2 hasn't happened in bsd. (This is also not really conjecture; it's evidenced by there being a Great War and Fukuchi's aims to prevent a second would-be-greater war— irl, the Great War was only called that prior to WW2 because it was, until WW2, the most destructive, widespread war in the modern world. We then had an even greater war and so began numbering them.)

but, it's not even only that WW2 hasn't happened. you might have noticed bsd's Great War parallels but doesn't mirror irl!WW1— in bsd; the international alliances were different (ex: France was allied with Japan and Germany); Japan disengaged from the Great War before its conclusion (after Fukuzawa killed Japan's war hawks); the subsequent peace treaty was between France, Germany, and England (in lieu of the Treaty of Versailles); different nation states arose in the aftermath (the Republic of Nares only exists in bsd, it never existed irl— but WW1 did collapse empires and beget several new nations); the Great War beget the United Nations instead of the League of Nations; etc.

it's not clear precisely where bsd's alternate history breaks from ours— or if there was ever even a break or if it's an entirely parallel timeline—but it is canon that the Port Treaties that forcefully opened irl Japan exist in bsd but were never abolished like they were irl in 1899. it's canon that Suribachi City formed after itty bitty baby Chuuya black hole kaiju'ed a foreign settlement in Yokohama since there wasn't any appetite to rebuild it— which means that as recently as approximately a decade prior to canon, there were still foreign settlements in Japan. this is further confirmed by the Colonel in 55 Minutes.

all of this to illustrate: any claim regarding bsd!Japan's laws based on irl!contemporary Japan is incorrect unless specifically affirmed in canon. Based on the information we've been given thus far, the two Japans are operating on completely different legal frameworks.

in other words, there's no basis for deciding same sex marriage is illegal in bsd!Japan until Kafka Asagiri writes it into canon.*

*For example, I'm fairly certain Yokohama's municipal tax laws and regulations are similar enough to irl!Yokohama because Kunikida mentions a specific tax zone in Osamu Dazai's Entrance Exam that seemingly aligns with a tax zone specific to some contemporary Japanese municipalities, including Yokohama.

*Random fanfic of any gay BSD ships getting proposed to/are married/seems like they are married

“it’s cute and all but you’re forgetting that gay marriage is illegal in Japan”

Stfu, they are literally part of the mafia and have killed poeple, you really think they’d care about that💀