TOKYO - Japanese manga artist and conservative commentator Yoshinori Kobayashi sued the government on Monday, arguing that a recent revision to the Imperial House Law allowing the imperial family to adopt men from its former branch families is unconstitutional.
In the lawsuit filed with the Tokyo District Court, Kobayashi is seeking the invalidation of the revised law and damages, claiming the new provisions admitting such adoptions violate the Constitution, which prohibits discrimination based on "family origin."
"Creating a special class for former imperial branch families would introduce a new class system in Japan. That is a serious problem," Kobayashi said.
The first substantive revision to the 1947 law, enacted in July and effective Saturday, is aimed at addressing the dwindling number of male heirs and imperial family members, while retaining the traditional male-only succession system despite public support for female monarchs.
The legislation allows the current 16-member imperial family to adopt unmarried, childless males aged 15 or older from 11 former imperial branch families who are descended from emperors through the male line.
The adoptees themselves cannot ascend the Chrysanthemum Throne, but their male descendants could become eligible. The revision also allows female imperial family members to retain their imperial status after marrying commoners, but it does not address the possibility of female monarchs or succession through the maternal line.
Imperial succession has been a pressing issue in Japan, where Crown Prince Fumihito, the younger brother of Emperor Naruhito, is first in line to the throne. The crown prince's 20-year-old son, Prince Hisahito, is the only eligible heir in the next generation.
Kobayashi argues that the new adoption system lacks legal and historical legitimacy and "undermines the very essence of the imperial system."
In the lawsuit, he cites the warning of a constitutional scholar on a government panel on stable imperial succession that the adoption system could amount to discrimination based on family origin.
Kobayashi claims the parliament had been aware of the constitutional concerns since receiving the panel's report in January 2022 but went ahead with the revision.
At a press conference in Tokyo after filing the lawsuit, Kobayashi criticized the adoption system as being based on the belief that "only male bloodlines are precious."
His lawyer, Rintaro Kuramochi, acknowledged that winning the case would be difficult but said there was "no other way," as rectification by parliament could not be expected.
