平成26年(オ)1023 (2014 (O) No. 1023)
The Civil Code requires a husband and wife to both adopt the surname of either the husband or the wife at the time of marriage. The plaintiffs in this case were five women who had either chosen to continue using their pre-marriage surnames, or who had had their notifications of marriage rejected for failing to choose a surname. The plaintiffs sued the State pursuant to the State Redress Act, arguing that the provision violated the Constitution and therefore the failure to take legislative measures to amend or abolish the provision was illegal.