The Supreme Court on July 10 heard arguments from lawyers representing legitimate and illegitimate children over a provision of the civil code that stipulates that an illegitimate child's share in inheritance should be half of a legitimate child's. Arguments concerning two disputes, one in Tokyo and the other in Wakayama Prefecture, over inheritances were heard that day at the top court's Grand Bench, where its 15 justices sit. Usually the Supreme Court hears arguments at the Grand Bench when it is going to set a legal precedent.

There is a possibility that the top court will strike down the civil code's provision. It should give a clear constitutional judgment on the provision, which obviously runs counter to the spirit of Article 14 of the Constitution, which says in part, "All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin."

The Supreme Court in 1995 ruled that the civil code's provision over inheritance among legitimate and illegitimate children was constitutional from the viewpoint of protecting de jure marriage. At that time, five justices presented minority views finding the provision unconstitutional.