Citizens sue gov’t to seek selective dual-surname system

January 9, 2018

Tokyo- Four citizens filed a lawsuit against the Japanese government on Tuesday for damages over mental distress caused by the family register law, which does not allow married couples to use separate surnames.

The plaintiffs, including Yoshihisa Aono, 46, president of Tokyo-based software developer Cybozu Inc. filed the suit with Tokyo District Court, seeking 2.2 million yen in damages.

In a high-profile verdict in 2015, the Supreme Court said the Civil Code provision stipulating that married couples use the same surname is constitutional.

The latest suit, which focuses on the constitutionality of the family register law, was filed to call for the introduction of a system allowing couples to choose whether they use the same or separate surnames.

The petition says that when Japanese and foreign nationals get married, the couples basically have dual surnames. The Japanese citizens, however, can use their spouse's family name if they make an application based on the law.

In addition, the law allows divorced Japanese couples to keep using their former partner's surname that was selected at the time of their marriage.

The plaintiffs claim that it is only domestic couples that are not permitted to use separate surnames, criticizing the current system for "irrational discrimination."

The law violates Article 14 of the constitution providing for equality before the law, according to the plaintiffs.

"This is a problem occurring regardless of gender," Aono told a press conference after the suit was filed. "I hope to say it's also a loss for Japan from the viewpoint of economic rationality." The president has changed the surname to that of his wife and is using his former family name during work.

Tomoshi Sakka, the plaintiffs' lawyer, demanded that parliament take steps to rectify the situation. "The wish of those concerned in the matter is to revise the family register law," he said.

The Legislative Council, which advises the justice minister, proposed amending the Civil Code to allow the use of dual surnames by married couples as an option. But no such bill has been introduced to parliament.

In 2017, the government permitted wider use of original surnames in official documents. In September that year, the top court approved the use of original surnames in verdicts.

Yuko Miyazaki, who became Supreme Court justice on Tuesday, had expressed her intention to use her former surname while on duty, the first top court justice to do so.

The Justice Ministry declined to comment on the suit. Jiji Press