It has been decided that the en banc of all 15 judges of the Supreme Court will hear whether the provisions of the Civil Code that do not allow married couples to have different surnames violate the Constitution.
Five years ago, the en banc ruled that it would not violate the Constitution, and it will be decided again.
Regarding the provision of the Civil Code that does not allow married couples to have the same surname, the Supreme Court opened a large court in 2015 and handed down a judgment, "The system for married couples to have the same surname has become established in society. It makes sense to have one family name, "he said for the first time not to violate the Constitution.
Three couples of common-law marriages in Tokyo subsequently submitted a marriage registration with a different surname to the government office, but it was not accepted, and the provisions of the Civil Code violated the constitution that stipulates freedom of marriage, etc., and accepted the marriage registration. I filed a request for a trial, but both were rejected by the Family Court and the High Court.
On the 9th, the Supreme Court's Second and Third Small Courts decided to hear this in an en banc with all 15 judges.
The en banc is held when important decisions are needed, such as whether the law is unconstitutional.
Five years ago, an en banc ruling stated that five judges were unconstitutional.
The Supreme Court will once again make a constitutional decision on the married couple's surname, as trials seeking a married couple's surname continue to occur after the ruling five years ago.