Six couples have filed a complaint against the Japanese government to demand the right for spouses to have different surnames, a possibility ruled out at this stage, Friday on the occasion of Women's Rights Day.
Japanese civil law, dating from the 19th century, stipulates that spouses must have the same surname, whether that of the husband or the wife.
In 95% of cases, it is that of the husband who prevails, according to the plaintiffs' lawyers.
“In Japan, if you choose one name, you have to give up the other
,” recalled Makiko Terahara, one of the plaintiffs' lawyers, during a press briefing in Tokyo.
This forced change of surname is considered discriminatory and penalizing, particularly for women who have already
“made a name”
for themselves , the complainants believe.
The constraint is all the more poorly experienced as civil unions have serious disadvantages in terms of taxation, inheritance and family rights.
500,000 yen compensation
Among the plaintiffs, Yukio Koike, 66, and Yukari Uchiyama, 56, attempted to circumvent the difficulty by marrying at the birth of each of their three children in order to obtain equal parental rights... then divorcing at every time.
“We want to respect everyone's personality
,” underlines Yukio Koike, who says he
“never considered”
giving up his name or requiring his partner to do so.
Twice, in 2015 and 2021, the Supreme Court found the law to be consistent with the Constitution, while calling for a relaxation of this provision in order to offer more flexibility, as demanded by a growing share of the population.
The plaintiffs (five couples in Tokyo and one couple in Sapporo, in the North), are demanding 500,000 yen ($3,400) in compensation per person for the damage suffered.
Defenders of the status quo argue that changing the law would weaken family ties and represent a violation of
“traditional values”
.