This is not just about a name — it’s about identity, equality, and the soul of Japanese family values.

Japan, a country known for technological innovation and high levels of education, still has one surprisingly outdated law: married couples are legally required to adopt a single surname. In practice, this nearly always means the wife gives up her family name.

Despite over half a century of public debate, proposed legislation, court challenges, and mounting international pressure, Japan remains the only country in the G7 that doesn’t allow married couples to keep their own surnames.

So why is the selective married surname system (選択的夫婦別姓制度) still not a reality?

Let’s dive deep into the legal, cultural, and ideological roots of this uniquely Japanese controversy — and why it has become a symbolic front line in the country’s struggle between tradition and reform.

🧾 What the Law Says — And Why It Matters

According to Article 750 of the Japanese Civil Code, “A husband and wife shall adopt the surname of either the husband or wife at the time of marriage.”

While the law technically allows either spouse’s surname to be used, over 95% of couples choose the husband’s surname. This is not necessarily out of preference — rather, it reflects longstanding gender expectations and logistical simplicity.

For many women, changing their surname can:

  • Disrupt their professional identity
  • Cause complications with passports, bank accounts, or academic credentials
  • Create emotional tension with their own family heritage

Imagine a published author, doctor, or businesswoman suddenly forced to reestablish her reputation under a different name. In an increasingly globalized and digital society, the impact is profound.

🕰️ A Debate That Refuses to Die

The push to allow couples to keep their separate surnames began in earnest in the 1970s, paralleling the rise of the women’s rights movement in Japan. By the 1990s, legal experts and family law panels were already recommending change.

In 1996, the Ministry of Justice formally proposed an amendment to the Civil Code to allow selective surname choice. It had support from legal scholars, feminist activists, and even international human rights organizations.

But it was shelved — and every attempt since has been met with either bureaucratic inertia or outright political resistance.

Over the past 30 years, the debate has flared up multiple times:

  • 2001, 2010, 2015, 2021: Bills were drafted, only to be abandoned.
  • Multiple court cases were filed, including in the Supreme Court, which upheld the existing law in both 2015 and 2021.
  • The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has repeatedly urged Japan to reform the law.

🔥 Why Reform Is So Difficult

The surname issue is no longer just a practical or legal matter — it’s become a powerful ideological symbol.

🔵 Progressives see the law as:

  • A violation of individual rights and gender equality
  • An outdated relic that contradicts modern family structures
  • A source of unnecessary stress for couples, particularly in dual-income households
  • An embarrassment on the international stage

🔴 Conservatives argue it protects:

  • The unity of the family unit, which they claim is symbolized by a shared name
  • Traditional Japanese values based on the ie (家) family system
  • A moral and social order seen as being under threat from “Western-style individualism”

For many members of the ruling Liberal Democratic Party (LDP) — especially older, rural, or right-leaning lawmakers — this issue has become a proxy battle. To them, changing the surname system would represent the erosion of the postwar Japanese family model.

Some even frame the debate in nationalist terms, warning against what they call “importing foreign values” into Japan’s legal system.

💔 Real-Life Struggles: Who Suffers Most?

The people caught in the middle are ordinary couples who want to maintain equal footing in their relationship.

Here are just a few examples:

  • Professional women who lose recognition after changing their name
  • International couples where one partner wants to retain their legal identity
  • Same-sex couples, who sometimes use adult adoption as a loophole
  • Parents and children with mismatched surnames, creating confusion in schools and legal systems

It’s also worth noting that many women are choosing to stay legally unmarried — a phenomenon known as jijitsu-kon (事実婚), or common-law marriage — to avoid changing their name. But this limits their legal protections and rights as a spouse, especially around inheritance or child custody.

📊 What Does the Public Think?

Despite political resistance, Japanese public opinion has shifted steadily over the past two decades.

Recent national surveys found:

  • Over 70% of respondents support allowing couples to keep separate surnames if they choose.
  • Among younger generations (under 40), support is even stronger — often above 80%.
  • Women in urban areas overwhelmingly back reform, citing career concerns and personal identity.
  • Opposition remains strongest among older men and conservative rural voters.

Even major business groups and academic institutions have voiced support for change, citing the negative economic and bureaucratic impact of forced name changes.

🏛️ The Courts Have Spoken — Sort Of

Multiple lawsuits have challenged the constitutionality of Article 750. Plaintiffs have argued that the law:

  • Violates Article 13 (individual dignity)
  • Violates Article 14 (equality under the law)
  • Creates unreasonable gender-based disadvantages

However, in 2015 and again in 2021, the Supreme Court ruled the current system constitutional, stating that it was not the court’s place to rewrite legislation — it was a matter for parliament to decide.

So far, that hasn’t happened.

🧠 Beyond Names: A Cultural Crossroads

At its heart, this debate is about what kind of society Japan wants to be.

  • Will it continue to emphasize collective identity and tradition at the expense of individual rights?
  • Or will it adapt to modern values, gender equality, and global norms?

The surname law is just one part of a larger conversation about Japanese identity in the 21st century. Similar discussions are happening around:

  • Same-sex marriage (still illegal)
  • Gender roles in the workplace
  • Women’s representation in politics

Japan has made progress on some fronts — but remains deeply resistant to change in areas that touch on family structure, which many see as the bedrock of society.

✨ Looking Ahead: Will 2025 Be the Turning Point?

There is growing pressure from advocacy groups, legal scholars, international organizations, and younger voters for lawmakers to act.

Some signs of change:

  • A 2024 non-binding resolution passed in the House of Representatives encouraging “debate” on the issue
  • A cross-party group of female lawmakers is now pushing for an official bill in the Diet
  • A surge in media coverage and public awareness on social media

But unless the ruling LDP makes it a priority, or unless voters begin to penalize inaction at the polls, real legal change remains uncertain.

📝 Final Thoughts: A Matter of Choice, Not Obligation

This is not a call for all couples to adopt different surnames. It’s simply a call for freedom of choice — something that should be a basic right in any modern democracy.

In a country where omotenashi (hospitality) and wa (harmony) are cherished values, it may be time for Japan to embrace a more inclusive and flexible definition of family.

After all, a name is not just a formality — it’s a reflection of who we are.