On the 21st, the Tokyo District Court will hand down a court ruling requesting that a Japanese couple who chose a married couple's surname and got married in the United States be married in Japan with a different surname.
Film director Kazuhiro Soda and his wife, Kiyoko Kashiwagi, married in New York, USA, 24 years ago in 1997, choosing a married couple's surname. We are asking the country to admit that it is in.
In Japan, the Civil Code stipulates that married couples have the same surname, and when Japanese couples get married, the married couple's surname is not allowed. And the marriage of the two lacks this requirement and has not been established in Japan. "
The couple, meanwhile, argued that "marriage is valid under New York law. Giving the same family name does not constrain the marriage and is not a substantive requirement."
Even after the Supreme Court's en banc ruled that the provisions of the Civil Code do not violate the Constitution in 2015, there have been a series of trials demanding that different surnames be allowed in various places, and discussions between the ruling and opposition parties have become active in national affairs. I will.
According to the plaintiff's lawyer, this is the first time that a married couple who chose a different surname overseas has been asked to allow the married couple's surname in Japan.
The judgment will be handed down at the Tokyo District Court at 3:00 pm on the 21st.
Background to filing
Kazuhiro Soda and Kiyoko Kashiwagi, who are suing, got married in December 1997 in New York, USA, choosing a different surname.
According to the two, the system was established because there was no idea of choosing one of the surnames because they were working, and at that time there was a growing debate about selective marital surnames in the country. I was thinking of filing a marriage report in Japan.
However, even after more than 20 years, selective married couple surnames have not been introduced, and the lawsuit was filed in 2018.
Due to the lack of marriage, Mr. Soda and Mr. Kashiwagi are worried that they may not be able to agree to hospitalization as a spouse in the unlikely event of an accident or illness, or may not be able to receive explanations for treatment. It means that you are feeling.
Mr. Soda said, "Now that the number of Japanese living overseas is increasing and women are also working, the system is no longer suitable. I think it has been overlooked for a long time." I'm talking.
He added, "I would like to throw a stone in this trial and open a hole in the stagnant debate. I hope that the decision will be a driving force toward the realization of a selective surname for married couples."
In addition, his wife, Mr. Kashiwagi, said, "We are a married couple. First of all, I would like the court to admit it and say,'We were a married couple.' I want you to know that there are many. "