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Japan top court to rule afresh on constitutionality of common surnames for spouses

news Japan top court to rule afresh on constitutionality of common surnames for spouses The Mainichi © The Mainichi The Supreme Court is seen in Tokyo s Chiyoda Ward. (Mainichi/Kazuo Motohashi) TOKYO The Supreme Court s petty benches on Dec. 9 referred three domestic cases contesting the constitutionality of laws stipulating common surnames for married couples in Japan to the Grand Bench. The Second and Third Petty benches referred the three cases in special appeals trials, in which the plaintiffs claim the unconstitutionality of provisions in the Civil Code and the Family Register Act that stipulate shared surnames for husband and wife. While the top court s Grand Bench in 2015 ruled that the Civil Code provision was constitutional, it is expected to make a fresh constitutional judgment over the common surname stipulation in light of changing social circumstances.

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