Japanese Call for ‘Married Surnames’ Law Change: What’s the Fuss About?

Understanding Japan's Unique Stance on Surnames and the Push for Reform

Attention India
4 Min Read

The Unique Law: Spouses Sharing Surnames

In Japan, there’s a one-of-a-kind law that mandates married couples to share the same surname. Originating from Japan’s civil code dating back to 1898, this law reflects deep-rooted traditions in Japanese society. During the Meiji era, it became customary for women to leave their families and adopt their husband’s surname upon marriage. This tradition was enshrined in the civil code, making it mandatory for spouses to share a surname.

Tradition vs. Modernity: The Tug of War

While the law technically allows either spouse to adopt the other’s surname, societal norms often pressure women to take on their husband’s surname. This perpetuates gender imbalances within marriage and personal identity. In Japan, where family and societal harmony are highly valued, deviating from traditional norms can be met with resistance. Thus, despite legal provisions for flexibility, cultural expectations often dictate the outcome.

Global Shift: Dual-Surname Systems

Contrary to Japan’s approach, most countries shifted to dual-surname systems in the 1970s, acknowledging the importance of individual identity within marriage. However, Japan has remained steadfast in upholding traditional family structures. This unique stance has drawn attention globally, highlighting Japan’s distinct cultural landscape and the complexities of navigating tradition in a rapidly changing world.

The Call for Change: Challenging Patriarchal Norms

Despite decades of resistance, there’s a growing demand for a legal amendment to allow married women to retain their maiden names. This push is fueled by changing societal attitudes and a desire for greater gender equality in Japan. Women’s rights activists, supported by progressive lawmakers and civil society groups, argue that the current law perpetuates patriarchal norms and restricts women’s autonomy.

Legal Stalemate: Resistance and Roadblocks

Efforts to revise the Civil Code have faced opposition, primarily from conservative factions within the ruling Liberal Democratic Party (LDP). Concerns about family stability and the impact on children have stalled legislative progress. Conservative lawmakers argue that changing the law could undermine traditional family values and lead to societal disruption. This ideological divide has created a legal stalemate, preventing meaningful reform despite growing public support for change.

Corporate Support: Shifting Work Culture

Corporate entities, including the Japan Business Federation (Keidanren), have thrown their support behind the campaign for legal reform. They recognize the detrimental impact of the current surname law on professional women’s careers and mobility. In today’s globalized economy, where international travel and business are common, the requirement for spouses to share a surname can create practical challenges and hinder career advancement. Keidanren’s endorsement reflects a broader shift in corporate culture towards promoting gender equality and diversity in the workplace.

Challenges Ahead: Seeking Consensus

While public support for a dual-surname option is growing, significant hurdles remain. Prime Minister Fumio Kishida has emphasized the need for broader discussions to gain consensus among the public. Balancing diverse perspectives and interests will be essential to overcoming resistance and advancing meaningful reform. Moreover, addressing deep-rooted cultural norms and traditional beliefs will require a nuanced and inclusive approach.

The Bottom Line: Balancing Tradition and Progress

As Japan grapples with the debate over married surnames, it faces the challenge of balancing tradition with modernity, gender norms with individual rights. The outcome of this ongoing dialogue will shape Japan’s approach to gender equality and societal norms. Ultimately, achieving meaningful reform will require a concerted effort from policymakers, civil society, and the public to navigate the complexities of cultural tradition and promote greater inclusivity and equality in Japanese society.

-ARYAN

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