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Japan election puts couples' right to choose surname in spotlight
MAINICHI
| Oktober 25, 2024
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TOKYO (Kyodo) -- Supporters of allowing married couples to choose separate surnames will be closely watching Sunday's general election, with the long-standing issue coming under a renewed spotlight during campaigning.
While the ruling Liberal Democratic Party remains wary of amending the country's 1896 Civil Code that requires married couples to have the same surname, its coalition partner Komeito and many opposition parties, including the Constitutional Democratic Party of Japan, support a revision.
"Never before have I seen (dual surnames) becoming such a major topic of debate in an election," said Megumi Ueda, 47, one of 12 people who filed a lawsuit against the government over the clause in March, claiming it is unconstitutional.
She also believes that even the LDP "can no longer say no" to a revision for much longer given that Japan's biggest business lobby, Keidanren, called on the government in June to introduce the option of separate names after marriage swiftly.
Keidanren pointed out that although most companies in Japan allow workers to keep using their original surnames at work, many people have faced problems having to use two different names. As more women have joined the workforce, "it is a potential business risk for the company," Keidanren said.
Its proposal comes on top of repeated calls by the U.N. Committee on the Elimination of Discrimination against Women to review the clause, with official Japanese data showing the wife adopts her husband's name in an overwhelming 95 percent of cases under the system criticized by the organization.
But some experts say a change is unlikely as long as the LDP remains in power, even though its coalition ally favors an amendment of the legal requirement, which only exists in Japan.
Mari Miura, professor of political science at Sophia University in Tokyo, notes that the more conservative organizations supporting the LDP, who stress traditional values, see having separate surnames as undermining family unity.
"If an LDP prime minister goes ahead with a revision, he or she would lose the support of lawmakers backed by these organizations, and the administration wouldn't survive. No prime minister is passionate enough to sacrifice their political career to prioritize the issue," Miura said.
"I think the majority of LDP lawmakers are probably not against a revision in reality, but the dynamics of politics make it complicated," she said.
Prime Minister Shigeru Ishiba had previously expressed support for revising the clause, stating the need to eliminate the disadvantage faced by women, saying it a matter of "the sooner, the better."
But after becoming LDP president, he toned down his stance, instead calling for "further discussion" and saying he would "refrain from stating my personal opinion."
While most opposition forces, including CDPJ, have called for amending the law, along with Komeito, Miura said that even if the election results in a majority of legislators in favor of a change, that still may not be enough.
In a scenario where the coalition stays in power, for instance, it would "depend on the power balance between Komeito and the LDP," Miura said.
Komeito might be forced to compromise on other issues in a trade to bring about an amendment, but if the price was the LDP pushing for amending the pacifist Constitution, Komeito supporters would not accept it, she explained.
LDP lawmakers have long blocked a change in the law since it was first proposed by the Justice Ministry's legislative council in 1996, but public support for a change is clear today.
A survey of voters last weekend by Kyodo News showed that 67 percent of respondents supported the right to choose separate surnames, while 21.7 percent were opposed.
A woman in her 30s who declined to be named said the LDP's stance on the issue has cost it her support. The LDP has been "maintaining the status quo for nearly 30 years" despite the public moving in favor of it, she said.
She decided to file for divorce and shift to common-law marriage after learning she would only be able to obtain a doctoral degree under her legal name in a U.S. institution she was joining.
She also took aim at conservative politicians who note that married women often use their previous names at work and can also request their previous names to be listed on their passports alongside their legal names.
"They say that is enough to solve the issue, but that's not true," she said, calling the dual-name passports "meaningless" since such system is not recognized in other countries.
Lawyer Makiko Terahara, who leads the legal team in the lawsuit filed against the government by Ueda and 11 other people over the law provision, said the current system forces people who want to keep their surname to "choose between it and marriage."
A name change could result in a sense of loss of identity or a disruption in one's career, and forcing one side to bear the burden is unfair, Terahara said. A desire not to change surnames is also the most commonly cited reason for common-law marriage, which puts the couple in a legally unstable situation, she added.
"I want the next government to stop shifting responsibility to citizens by claiming there needs to be more discussion on the topic and immediately move to change the law," Terahara said.
Plaintiff Ueda, who has not registered her marriage to avoid having to choose a single surname, said her family has faced many difficulties subsequently, among them her husband's lack of parental rights for their 5-year-old son.
"I worry that my child could face disadvantages as he grows older," Ueda told Kyodo News.
She said she was "deeply disappointed" by Ishiba's backtracking over a revision, adding, "I thought he would go ahead with a revision because he has been supportive of it, but now I feel the LDP isn't capable of change after all."
"I just want to live under my name because it's my name. That's all there is to it. I want the next government to understand how distressed we are and change the law," Ueda said.
(By Risa Suzuki)
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