Blow for women as Japan’s highest court upholds same surname law for couples

Women’s rights campaigners were dealt a blow yesterday when Japan’s highest court upheld a law insisting that married couples must have the same surname. They were told by the country’s supreme court that the law should remain in place, despite claims that it stifled moves towards gender equality. Presiding judge Itsuro Terada said it “does not violate the constitution”. He also said that changing one’s name after marriage did not harm “individual dignity and equality between men and women”, noting that maiden names could be used informally.

I am embarrassed that Japan remains so behind. I was disappointed after hearing the verdict because I had high expectations – we brought the case to the court because lawmakers had neglected this issue for too long.

Minako Yoshii, one of five plaintiffs

Activists want the law changed as they see it as a throwback to Japan’s feudal past. However, social conservatives think it as crucial to upholding family values. Even though men can take their wife’s surname and occasionally do so to preserve a family name where there is no male heir, about 96% of married women in Japan have their husband’s family name. In yesterday’s ruling, five of the 15 justices – including all three females – dissented from the majority. In a separate ruling, however, the court said making women wait for six months to remarry after divorce was excessive and should be reduced.

When I heard the ruling I started crying, and even now it hurts

Plaintiff Kyoko Tsukamoto, 80, a retired teacher