Japan’s Top Court Upholds Same-Surname Rule For Married Couples
Yuko Nakamura
2016/01/23
Some campaigners filed the suit that (a lawsuit) that the Civil Law requiring married couples to
use the same surname is against the Constitution of Japan, because of infringement of (it
infringes upon) women’s fundamental rights and (is tantamount to) gender discrimination. The
Supreme Court, however, finally upheld (the ruling that) it is constitutional last December. It
also noted that using the same surname is not discriminatory for (towards) married couples
because the law gives them the freedom to decide which surnames (surname) to adopt (use) and
(that) sharing a single family name is a system “deeply rooted in our society” and is meaningful
in that it “enable(s) people to identify themselves as part of a family in the eyes of others.”
Adding (to) the judgement, it suggested that this matter should be taken up in the Diet, not the
courts.
On the other hand, five members of the Supreme Court opposed the judgement, saying that the
law violates the equality of sexes and respect for human rights. They also said that considering
the current situation where the number of working women has been increasing and family
values and lifestyles have diversified, the law is outdated. In reality (The reality is that) in Japan,
96% of women has (have) changed their surnames after (upon getting) married. Married women
can use their maiden names at their workplaces (place of work) for the sake of convenience but
they can’t get their (hold) passports, driver licenses, bank books (or) health insurance cards by
(in) their maiden names. This situation is only applied to working women not men in Japan
(This rule only applies to women and not men). If (the use of) separate surnames were admitted
(was permissible) by the (X unnecessary) law, they don’t have such inconveniences ( then
women wouldn’t have to suffer such inconveniences) . Allowing married couples to legally use
separate surnames would help them live at their workplaces (has proved to be beneficial in the
workplace) . There are no reasons of being admitted using different surnames in the first place
(There should be no such ruling against married couples using separate surnames in the first
place).
Japan is the only country (in the world) which obliges marriage (married) couples to use the
same surname.
Questions
1. A survey conducted by the Cabinet Office in 2012 showed that respondents were split, with
35.5% in favor of allowing separate surnames and 36.4 % against. A survey conducted by
public broadcaster NHK last November also showed that 46% of respondents support the
idea while 50 % oppose it.
Which side are you on and why?
2. The U.N. Committee on (for) the Elimination of Discrimination against Women has
reportedly urged the Japanese government to take immediate action to amend the law.
What do you think about that?