TOKYO – For the past 120 years, the Japan Civil Code has stated that “a husband and wife must adopt the surname of the husband or wife according to what was decided at the time of marriage.” But as more women play a greater role in society, there are growing demands for married couples to adopt individual surnames.
The government was about to revise the code but was stopped by Conservative Democrats. In early December, LDP lawmakers met to discuss a bipartisan system included in a gender equality proposal, which the Cabinet hoped to ratify by the end of the month. But it was not long before conversations broke down when guards rallied: “Married couples have different surnames, which can weaken family ties” and “Children could get upset if parents have separate surnames. “
In particular, the draft merely stated “that the government will take necessary measures based on discussions in the diet.”
The words, however, were strongly criticized by conservatives, saying he would be misleading the public, or calling the party’s election promises, which included opposition. the idea.
For conservative LDP law makers, allowing different surnames is not an option. They say it could “lead to the collapse of family society,” confirming that they are protecting children. “[Different surnames] it will not be good for the welfare of the children, as two families may be opposed to what children should use surnames. “They also argue that” different surnames, could lead to infectious relationships. “
While reformers say many countries allow this, conservatives respond that Japan should stick to its own way. Despite backlash from conservatives, the government revised the draft. Instead of saying “the government will take the necessary steps” it now reads, “the government will give further consideration.” The reference to “married couples with separate surnames” has been replaced by aim “a unique concept of a particular system of surname of married couples.”
The revised draft was widely adopted by the LDP and young consortium partner Komeito last week. It was agreed at Friday’s Cabinet meeting.
Traditionally, Japan has not forced married couples to take the same surname. According to the Ministry of Justice, ordinary people – including townspeople and farmers – were not allowed to have surnames until the time of Edo (1603-1868). It was not until 1870 that the Meiji government allowed associations, as part of the country’s effort to modernize and make it easier to collect taxes and recruit people into the army.
Initially, women were allowed to keep their maiden names. The government slowly began to force married couples to use the same surnames after the entry into force of the Old Civil Code in 1898. It was a change associated with the introduction of “Yes,“or” house “in Japanese – the traditional Japanese system that aims to maintain a sense of family unity.
The standard Civil Code was enacted in 1947, stipulating that married couples should have the same surname, but with a slight variation. The government insisted that women should take their husbands’ names, but the Allied Forces General Headquarters – which was in charge of the post – decided that a man or woman should choose a surname. He reasoned that forcing women to use their husbands’ names would be “contrary to the idea of gender equality.”
Japanese women had not always been opposed to taking their husband’s name. Until the postwar period of rapid economic growth, most Japanese women were full-time homemakers, and many found it convenient, as long as they lived within the unit of the home. family.
But as they have begun to play a greater role in society, some women have found it strange to take their husband ‘s name. In the workplace, it may take some time for their new surnames to become widely known. It is also a key duty to change names on bank accounts, credit cards and other legal documents.
Even for those who keep the maiden name just for convenience, say only in the office, the use of different surnames can cause problems, such as in hospitals and at work. Many working women who want to keep their maiden name in the office have to use their husband for human resource documents and payslips.
However, things are changing. An online study targeting people under 60 conducted in October by Waseda University professor Masayuki Tanamura and a civic group found that more than 70% of 7,000 respondents were aware of the issue.
While 34.7% said they wanted optional surnames and did not care if married couples had different couples, 36% said they preferred the same family name, but did not care if they were different at other couples. Only 14% responded that all couples should have the same surname.
“Having the choice will lead to respect for diversity and a vibrant society,” Tanamura said. “Japan should introduce the choice, which will ultimately keep society strong. “
Encouraged by increasing social awareness of the option, the government has continued to debate the issue. In 1996, the Legislative Council, an advisory panel to the minister of justice, recommended a revision of the Civil Code to introduce the dual surname option.
But the government failed to introduce a bill because of strong opposition from LDP and other lawmakers, saying it was too early for Japan. The fifth basic plan to promote gender equality was expected to mark the first step towards the introduction of dual surnames.
Given the hopes expressed by women for being able to choose their own name after marriage, the plan could be an inspiration to Prime Minister Yoshihide Suga, who is a strong advocate for reform.
Why, then, did the Prime Minister agree to water the bill, as it is seen as support for the option? When asked about his previous call for the creation of the dual surname system at a low-budget budget committee session in November, he admitted that he had supported it. Some observers point out that the situation in the plan reflects Suga’s plight.
Suga, which is not affiliated with any group, has no influential power base in the LDP and was therefore not seen as a strong candidate in the September LDP presidential election. But he became prime minister because large groups decided to support him as a result of party dynamics shift just before the poll. In other words, its power base is far from solid.
The presidency of the CDP expires in September 2021. To ensure re-election, Suga must retain the support of reserved – and powerful – LDP lawyers. He can expect support from all sides as long as his consent rate is high. But his rankings could fall, perhaps due to his support for the now-defunct “Go To Travel” domestic travel campaign, which has continued for some time despite the pandemic.
Suga recently suffered a resurgence after attending dinner gatherings at the end of the year, despite urging the public to stop eating in large groups to prevent the spread. the virus. Suga also accepted the backing in the gender equality plan, possibly because of the conflict with former Shinzo Abe. Although Abe retired for health reasons in August and is now caught in his own political scandal, he still has influence in the LDP after leading the government for nearly eight years.
Abe had a strong retention power base. Suga may have been more cautious about the issue of the double surname, perhaps for fear that his role would inspire his strong support to move to Abe.
The situation for optional double surnames has disappointed some, especially women who have wanted it. The government has reviewed the basic gender equality plan every five years. While there are other approaches to the issue, the next opportunity to review the plan will come in 2025. It seems that there is still a long way to go before working women are free from lumps related to surname.
Inside Japanese Politics is a column that focuses on the details and operation within Tokyo’s state, foreign policy and relations.