(Bloomberg) -- A decades-old battle over whether married couples should be allowed to have different surnames has surfaced as one of the most contentious issues in the race for Japan’s top job.
Japan is the only country in the world that requires couples to have the same surname according to the Justice Ministry, meaning around 95% of married women end up changing their names. Some of those vying for leadership of the ruling Liberal Democratic Party have joined the big business lobby and the UN human rights watchdog in calling for change.
The law frustrates working women, who often end up juggling aliases that can scupper anything from hotel reservations to business contracts. The problem has also become a litmus test for how far candidates may be willing to accept a more diverse Japan, potentially indicating a new prime minister’s stance on other issues, including those affecting sexual minorities and foreigners.
“There’s a clear divide between the more liberal members of the ruling party, and the committed conservatives,” said Yuichiro Sakai, associate professor at Keio University.
Among the three frontrunners in Friday’s vote, former Environment Minister Shinjiro Koizumi has pledged to submit bills to permit separate surnames by the end of the year. Former Defense Minister Shigeru Ishiba has also said he wants to allow the change.
The only woman of the trio, Economic Security Minister Sanae Takaichi, has opposed it, arguing that separate surnames could undermine family unity. The burden of changing surnames could be alleviated by allowing broader use of pre-marriage names as aliases, she said.
The winner of the LDP vote this Friday is almost certain to be the next prime minister, given the party’s dominance in parliament.
Read: Here Are the Nine Candidates to Become Japan’s Next Leader
Takaichi took her husband’s name when they married. The couple are since reported to have divorced and remarried one another, this time under her name, but her election committee office declined to comment on her current marital status or legal surname. Men are permitted to take their wives’ names, although in the vast majority of cases in a country that has fallen behind its peers on gender equality, women switch upon marriage.
The system requiring married couples to have the same surname began in the late 19th century, but present day efforts to change the relevant law have faced resistance so far.
Forcing people to change their names is a human rights issue, according to Kaori Oguni. She was one of the plaintiffs in a lawsuit challenging the constitutionality of the legal requirement for married couples to share a surname, which was rejected by the Supreme Court in 2015. A similar case was knocked back by the top court in 2021, while another case has been ongoing since March.
“Compared to western countries, surnames are used far more in Japan,” she said. “For the Japanese, the surname represents the individual, not just the family.”
A United Nations human rights watchdog has also advised Japan to change the law three times, as the rule discriminates against women.
Shocked when she first learned as a child that women were compelled to change their names on marriage, Oguni faced a dilemma as she prepared for her own wedding years later. Ultimately, she chose to take her husband’s name, rather than opt for a common-law marriage, which would cause problems with legal custody of children and inheritance rights.
Read: Japan May Beat the US to Install Its First Female Leader (1)
Pressure from businesses and workers is growing, according to experts including Keio’s Sakai. Earlier this year, the head of Japan’s largest business lobby Keidanren expressed support for a system allowing separate surnames. The head of Japan’s largest labor union confederation also made similar comments last week.
“A lot of people are struggling because their work name and their name on official documents are different,” said Sakai. “People are increasingly wondering why Japan is the only one not allowing choice, when there’s this much globalization, including in the economy.”
Public opinion is also shifting. A survey by the National Institute of Population and Social Security Research found that 61% of respondents supported the idea in 2022, up from 41.5% in 2013. Media polls have found even higher support.
The lack of progress so far is due to the outsize voice of the LDP’s conservative base, according to Kiyoteru Tsutsui, a professor of sociology at Stanford University. But given recent developments over separate surnames, more progress could follow in other areas.
“Same-sex marriage could be next,” said Tsutsui. “It’s another issue in Japan that’s gone against the trend in developed economies.”
--With assistance from Yuki Hagiwara.
©2024 Bloomberg L.P.
