Denied surname choice under Law, and it hampers equality

Awareness regarding gender equality issues in Japan has continuously appeared in the spotlight for several reasons. Although the country has made significant strides to promote equality in the workplace, government and society, the country still struggles to tip the balance. According to the Gender Global Gap Report 2020, Japan is ranked 121st and falls far behind almost every European country and some eastern nations such as Thailand, China and Myanmar. This is striking considering that Japan has one of the strongest economies in the world, which signals that the island nation must catch up to the rest of the world.

One growing issue that has laid itself out in the foreground of politics and inequality is the law on a married couple’s last name. As of 2021, it is still a law that a family legally takes only one name. What is even more surprising is that this law was enacted in 1896, over 120 years ago. In other words, married couples are unable to keep their own last names.

The last name can be from either the groom or the bride. However, Japan is a male-dominated society, so it is easy to assume that a majority of women take their husbands’ last names. Approximately 96% of women change their last names, which is much higher compared to other countries such as Germany or the United States of America. Furthermore, it is becoming more common throughout many western countries for married couples to keep their last name over adopting their spouses’. Many people would consider this law to be archaic; unfortunately, change in Japan toward a more progressive society appear to be at a standstill in the eyes of many.

There are several reasons why this surname law is still enforced, but that doesn’t mean there have not been those who have tried to overturn it. One particular case that received wide public attention concluded itself in 2015. Five women took their case to Japan’s supreme court to keep their surnames. The court eventually ruled against them, and it was seen as a large blow to both gender equality and female rights. Before the case, Japan had already begun to bring progressive changes geared toward lifting women’s rights. However, this case clearly revealed that the country still clung to a more traditional way of thinking. It became evident that women in Japan still face an uphill battle for equality in their own society. Japan’s supreme court decision was followed closely by citizens living in Japan. Although most Japanese individuals favor ratifying the law, the minority may be misrepresenting the will of the overall majority.

This issue is a big deal for several reasons. Japan has one of the strongest economies in the world, but is hesitant to execute a progressive agenda that could improve the lives of Japanese women. Although the surname case may seem trivial for many, it is a mistake to think that a right to keep your last name does not hinder gender equality among the sexes. No matter how small a particular point may be, it isn’t fair if an individual isn’t gifted the same right or opportunity as a consequence of having two X chromosomes.

Japan’s surname law is one of many gender issues the country faces. Other issues include sexual harassment in both the workplace and social groups, difficulties faced by female single parents, and how pregnant women are often forced to quit their job due to various pressures from colleagues and employers.

The surname law has again been put in the spotlight in Japan. Earlier this year, Tamayo Marukawa, Japan’s minister for women’s empowerment and gender equality, opposed a change to the law. Other politicians and a few citizens have voiced their opinion that changing this law would only destabilize the traditional structure of what is considered a family. They argued that allowing married couples to keep their own surnames would contradict the meaning behind a family unit, which is to share one name.

【読まれています】夫婦別姓「反対」文書　賛同した丸川氏、公開質問答えずhttps://t.co/PXf6fhiIGV

選択的夫婦別姓制度への反対を訴える文書に前があった50人は、
市民団体の公開質問状にどう答えたのでしょうか。

丸川珠代男女共同参画担当相の「回答」は、秘書から電話で寄せられたといいます。 pic.twitter.com/NrQmMqcStI

— 朝日新聞デジタル (@asahicom) March 9, 2021

However, married Japanese couples often keep their surnames at work and in social settings. In terms of legal documents, married couples must use only one name. This may be a working loophole, but that doesn’t grant couples a respectable amount of freedom to choose their last name. Some couples in Japan are already taking a stand for gender equality. For example, a Japanese couple has decided not to marry because they believe it is unfair how lopsided this surname controversy may be.

The building blocks of a developed nation include not only a strong economy, but also an understanding that both men and women should be treated equally. Although many couples decide to take the traditional route to share the husband’s last name, the point here is that everyone should have the right to choose how to handle their surname. Whether a couple would take the husband’s or wife’s last name, or even deciding to combine the two, it should be the sole right and responsibility of that specific couple. Women in Japan are forced to make what some may deem a tough choice. While this is another example of female voices not being heard, the future of Japan is not written in stone. Hopefully, a progressive new mindset will spring forth and form a more gender-balanced society.