by MIYAMOTO YUKI
Miyamoto Yuki, Ninomiya Shuhei and Shin Ki-young offer historical and comparative perspectives on Japan’s household registration system (koseki) and the rights of individuals.
It appeared to be over before it began.
On 14 February, Kayama Emi and Watanabe Tsuguo filed an administrative appeal to have the rejection of their marriage application by Arakawa Ward, Tokyo rescinded.1 Ms. Kayama wanted to keep her surname after marriage, as did Mr. Watanabe. The court rejected the appeal after only ten days without hearing arguments. “I’ve never had a gate closed in my face so quickly,” said Ms. Kayama.
They are now demanding damages on the basis of sexual discrimination, a case that is expected to take two years in the Tokyo High Court. Their appeal is based on Article 24 of the Constitution, which guarantees gender equality and respect of individual rights in marriage, and Article 13, which guarantees the right to pursue personal happiness. In contrast, current law requiring married couples to have a single surname, either the husband or wife’s, is based solely on an “agreement” (goi) between the parties involved.
The couple were legally married in 2000, and initially decided to register their surname as Watanabe. However, they ran into difficulty when Ms. Kayama’s work-related credit card had Watanabe on it, as did her passport used for business trips abroad, but her business card said Kayama. The stress of being identified as “Watanabe” in her private life led the couple to file for a “paper divorce” four years later. The following month they re-applied to wed under separate names, but their application was rejected.
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