You may remember a few months ago I talked about a whole new kind of marriage debate. The debate began because a man wanted to take his wife’s last name after they married and there were no laws allowing for this possibility. Well this has all changed now that the California Assembly passed legislation ending what may be perceived as marriage bias.
The Name Equality Act
The Name Equality Act also known as AB 102 was passed by a 45 to 20 vote. Democrat Fiona Ma from San Francisco with cosponsors that included three California affiliates of the American Civil Liberties Union authored the bill. The law will give all domestic partners and married spouses the right to change their family name when they are married or registered as domestic partners.
Previously, state law made it difficult for a husband to take his wife’s name. Couples where a man wished to change his last name to his wife’s would have to go to court and pay court costs and more in order to achieve this desire will be pleased with the Name Equality Act.
AB 102 would make it possible for all newly married and registered couples to obtain legal recognition of their family name without unfair and undue hardship. No couple should have to go through an expensive and time-consuming court process in order to have their family name legally recognized and honored. With this legislation, Equality California continues to work toward its mission of ensuring equality for all lesbian, gay, bisexual, and transgender Californians. – Executive Director Geoff Kors of Equality California
There are seven states that currently recognize a husband’s right to take his wife’s name. California will make the eight states and also be the first state to allow domestic partners the same legal opportunity to change their names. Massachusetts allows same-sex couples to change their names when they marry.
The next step for the bill is to head to the State Senate and if they pass it, the final step will be for the governor to sign it into law. Supporters of the legislation feel that it will most likely make it through these last two steps into law.
Other states that allow husbands to take their wives last names include:
- Georgia
- Hawaii
- Iowa
- Louisiana
- Massachusetts
- New York
- North Dakota
I applaud the efforts of the Assembly to pass this legislation and afford equal opportunity to facilitate all couples in taking the family name of their choice.
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