Japan court to rule on law requiring 1 surname per couple

Tokyo — In Japan, every marriage costs one surname. The
Supreme Court may change that on Wednesday.
A Civil Code that dates from the 19th century says couples
must adopt one surname, and women almost always sacrifice
theirs.
Five plaintiffs filed a lawsuit in 2011 saying the law was
unconstitutional, violates their civil rights and puts the burden
almost entirely on women. Two lower courts have ruled
against them, setting the stage for Wednesday's Supreme
Court ruling.
Supporters hope that the government's "womenomics" push to
promote career advancement for women will somehow help
their cause, though they are not directly related.
Here is a look at issue:
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THE DEBATE: A growing number of women and their
supporters started calling for change in the 1990s, prompting
a Justice Ministry panel in 1996 to propose an amendment to
allow separate surnames. The proposal was blocked by the
ruling Liberal Democratic Party and conservatives who support
traditional gender roles and family values centered on the
oldest son. Opponents say allowing two surnames would
destroy the sense of family unity. Supporters say the law must
be changed to accommodate today's diverse family values and
roles.
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CIVIL CODE: Article 750 in the 1896 code says "A husband and
wife shall adopt the surname of the husband or wife in
accordance with that which is decided at the time of
marriage." Although the law does not specify which name, 96
percent of women adopt their husband's surname. Many
juggle two names, continuing to use their maiden name at
work and the registered surname in legal documents. In
Japanese tradition, a woman marries into her husband's
household. However the surname of an only child often gets
priority to preserve the family name.
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AN OPTION: In order to keep their surnames, some couples
choose not to register their marriages. Common-law
marriages, however, can lead to complications in inheritance
and parental rights. Only the spouse under whose surname the
child is registered can have parental rights. Common-law
spouses also are not heirs to their partners when there is no
will, and cannot be a guarantor in case of a major medical
operation or treatment.
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PUBLIC DIVIDE: Recent media polls show slightly more than
50 percent supporting the right to keep separate surnames,
while nearly 40 percent say Japan should stick to a unified
surname. Support for a change is higher among younger
people and women. If given the option, more than 70 percent
said they would still adopt one family name.
- AP