Fri. May 3rd, 2024
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Under Japanese law it’s long been illegal for spouses to use different surnames.

In fact, it’s the only country in the world that still enforces such a rule for its citizens.

But now there are growing calls for Japan’s government to change the system, with activists saying it’s a matter of equality, and large firms adamant the policy is a big obstacle to doing business. 

A recent study from Tohoku University even projected that every person in Japan could have the surname “Sato” in just over 500 years’ time unless married couples are allowed to have separate surnames.

And in March, six couples launched a lawsuit against the Japanese government for the right to use different surnames after marriage.

They argue the current system is unconstitutional.

It is a long-term legal process and the first trial date is still yet to be set.

Two of the plaintiffs Yukio Koike, 66, and his partner Yukari Uchiyama, 56, got married every time their three children were born in order to have joint custody rights — and then divorced.

This was “to respect the personality of each other,” according to Mr Koike.

“I’ve never thought of erasing my name in my life.”

a woman in red delivers a speech at a pride summit in front of rainbow and transgender flags
Lawyer Makiko Terahara is head of the legal team for the surname lawsuit as well as a same-sex marriage case.(AFP: Kazuhiro Nogi)

One of the other plaintiffs said she and her partner had lived together for 17 years and have brought up a teenage daughter, but without marrying.

“The fact that we are not legally a married couple — even though we’ve lived together as a family for 17 years — could cause problems such as being unable to become a legal heir, or being unable to provide consent for a surgery, or tax law-related disadvantages,” the woman, who declined to be named, said.

Makiko Terahara, the lead lawyer in the case, said the surname lawsuit had some similarities to landmark same-sex marriage cases which she has also worked on.

“Human rights are being violated by the unreasonable exclusion of people from the institution of marriage,” she said.

What are the laws in Japan?

Since Japan’s civil code was created in the 19th century, it has been a requirement that married couples both use the same family name.

The code was amended in 1947 to remove the stipulation that only the man’s surname can be chosen.

But in about 95 per cent of cases, wives in Japan take their husband’s surname.

History professor Simon Avenell from the Australian National University (ANU) College of Asia and the Pacific said the patriarchal nature of Japan’s civil and family law systems reinforced the existing system.

“Even when Japanese laws were reformed after World War II, the practice continued, mainly due to social convention and gender norms,” he said.

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