Japan couple in legal battle for separate surnames seeking respect as individuals

In the Sapporo District Court, a Japanese couple, Kiyotaka Nishi and Mana Sato, have filed a lawsuit challenging the legal requirement to adopt a common surname upon marriage. Their case centers around the violation of Article 13 of the Constitution, which guarantees respect for individuals. The couple argues that provisions of the Civil Code and the Family Register Act infringe on their constitutional rights.

Nishi and Sato, both medical professionals, met in 2015 and married in November 2019. However, Sato felt anxious about changing her surname to Nishi, fearing she would lose her individual identity. Despite initially agreeing to change her surname, she became exhausted and diagnosed with an adjustment disorder in April 2020, eventually leaving her job.

The couple divorced on paper shortly after marriage and restored Sato's surname. Their situation is not unique; a survey by Asako Miura, a professor of social psychology at the University of Osaka's graduate school, found that 78% of married individuals, who were still married at the time of the survey, did not discuss which spouse's surname they would use at the time of marriage. Of those who did not discuss it, 80% were women who changed their surnames.

The legal team has submitted survey results, testimonies, and evidence of changing public attitudes to support their case. The couple hopes that the lawsuit will spark wider discussions about the issue, challenging the notion that women are the ones who change their surnames.