Japanese women lose battle to keep surname after marriage

Public opinion remain divided over the law. And that inscription in Japanese reads 'Unconstitutional ruling'| SATOKO KAWASAKI — Supporters of the lawsuit challenging a six-month ban on remarriage for female divorcees hold a banner reading ‘Unconstitutional ruling’ after the Supreme court’s decision. Credit: *SATOKO KAWASAKI, Japanese Times*

And, maybe, Japanese men.

Japan’s Supreme Court, Wednesday, upheld the constitutionality of a controversial Civil Code provision which requires married couples to use the same surname in official matters.

This comes as a blow to women’s rights activist who believe the law is an infringement on women’s fundamental rights as most couples end up using the husband’s surname.

Three individual women and one couple in a civil partnership, took the argument to court. They posit that the law was unconstitutional, discriminatory and archaic.

The Supreme Court’s ruling only affirms the decisions of two lower courts in which the case had previously been heard.

Traditionally, Japanese women were able to retain their maiden names after marriage. However, that changed in 1898 when Civil Code was enacted as part of a feudal family system which subjected all women and children to the control of the male head of the household.

Although the feudal system has been abolished since 1948, the surname law still remains in force.

And with the full backing of the law.

The Supreme Court however ruled in favour of a woman who challenged a law that states women cannot remarry within six months of divorce..