Mother Talkers

Man Takes Wife's Last Name, Sets Legal Precedent

Fri May 09, 2008 at 11:11:38 AM PDT

After winning a court case that changed a California law against men taking their wives' last name, Michael Buday picked up his new driver's license bearing his new name -- Michael Bijon, according to Reuters.

Two years ago, Michael and wife Diana Bijon were surprised to learn that for him to take her surname, he would have to pay $350 and face a barrage of bureaucracy, including court appearances and paper work usually not obstacles for women. The couple took their case to the American Civil Liberties Union -- and won.

"Women have fought for so long for equal rights and it feels like this is part of that fight," said Diana Bijon. "When we got married, the law basically said, 'Don't be silly, only a woman can change her name when she gets married."'

"I am really, really proud of him. Not many men would do this," she said.

A subsequent lawsuit led to a new California state law guaranteeing the rights of both married couples and registered domestic partners to choose whichever last name they prefer on their marriage and driving licences.

"This disposes of the rule in California that the male surname is the marital name to the same trash bin where dowries were once tossed out," said Mark Rosenbaum, legal director of the Southern California chapter of the ACLU.

Michael said he decided to take his wife's last name because he is closer to his father-in-law than his own father.

I learned about this story through Salon's Broadsheet.

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Tags: Michael Bijon, Diana Bijon, Reuters, Salon, California, last name, surname, lawsuit, ACLU (all tags)

Permalink | 34 comments

  • Good for him (0 / 0)

    I came really, really close to convincing my husband to take my last name, but he couldn't do it.  His last name is a harsh mess of consonants that's hard to remember and spell, and my name is simple, unique, and memorable.  His last name isn't even the "real" last name of the family, since they changed it into something totally different so it wouldn't sound Jewish during some persecution.  

    He did agree to take my last name as his middle name (and drop his given middle name), but somehow never got around to it.  I remind him of it every now and then (7 years later), but he just thinks it's too much trouble and isn't going to bother.  I hypenated my name, and I'm generally happy with the choice.  Our kids both have my "maiden" name as their middle names, and it would be nice if my husband had the same middle name as them, but I'm not going to fight it.  It's crazy that California made that so difficult!  

  • Wow, really? (0 / 0)

    I've known people doing this in California since the 90's. I didn't know it was such a trial.

    • that was my reaction (0 / 0)

      One of my cousins and her husband both legally  changed their name to be Herlastname Hislastname. They live in Berkeley and it didn't seem like that big of a deal. Of course, I didn't know the details so perhaps it was and I just never knew.

  • one step closer (0 / 0)

    to a balance.

    it is little and it he did it because he is closer to her father, so it is still a man thing.

    BUT - they have a matralineal family now! awesome.

    We cannot defend freedom abroad by deserting it at home. - E.R. Murrow

    by lorin on Fri May 09, 2008 at 11:58:40 AM PDT

  • My husband and I got married in NYC (0 / 0)

    and I remember that there was space on the marriage license for each of us to enter our new name. We briefly considered making up an entirely new last name for both of us, but then decided that we should each stick with our own names so that we could save ourselves the hassle of getting new checks, drivers licenses, etc...

    • My thoughts exactly! (0 / 0)

      I have always thought it would be great if the couple just came up with their own name rather than one taking the other's or each keeping their own.  Then you could both have something you like without all the issues.  

      Taking DH's name was not a big deal for me, as I never had a middle name and was excited to have three initials (I know, trivial, but it was a big deal to me).  But DH has always had a strained relationship with his father, who adopted DH when he was 4, so it bothers me a bit to have given up my family's name in favor of someone we don't really even get along with that well.  Ultimately, though, to me, a name is just a name.

    • See now, (0 / 0)

      I think I remember it being that way on our marriage license too... but I must be misremembering, since we were also in Los Angeles County.

    • we also thought about a new name (0 / 0)

      We were both quite serious about it, but the combinations resulting from our names were horrendous.  I suppose we could have just made one up, but that would be challenging too.

      I think it does make the most sense.  Someone pointed out to me that a woman making a feminist stand for keeping her own name is actually keeping her father's name (and his father's name, and his father's name).  So it's still all part of this patriarchal system.

  • We did middle name change (0 / 0)

    We both have my maiden name as a middle name and we were annoyed by the $350 plus a court appearance. The ladies in the court office were all excited for us that he was changing his name but then the female judge was not amused.  Here is how it went.

    Judge: "You want to change your name from __ to __?"
    DH:  "Yes."
    Judge:  "You do realize that this will not get you out of any legal or financial obligations that you may have."
    DH:  "yes."
    Judge:  "You do understand that your identity will remain constant."
    DH: "yes."
    Judge:  "Then why are you changing your name?"
    DH:  "Well, you see I have a new wife and..."
    Judge:  "Oh, I see.  One of those new age marriage agreements.  Ok, see the clerk."

    It's funny now but at the time when the judge was looking down on him from her perch with a disapproving glare, not so funny.

    "We've GOT to make noises in greater amounts! So, open your mouth, lad! For every voice counts!"

    by progressiveinky on Fri May 09, 2008 at 12:43:38 PM PDT

  • How about (0 / 0)

    How about nobody taking anybody else's name? It's a strange custom, imho, changing your name. I don't understand the appeal.

    Kids could have one parent's last name as their middle name, and the other parent's name as the last name.

    It would be really simple that way.

    • Didn't cost us anything (0 / 0)

      to keep our own names.

      If you want to have the same name then I think picking a new one would be the coolest.  But I'm in a foul mood because when I work at my son's preschool I get called Mrs. Husband'slastname all the time and it rubs me the wrong way.  Probably not good for me to comment on this thread at all.  

      I think I'll go see what's in the beer fridge.

      "As God is my witness, I thought turkeys could fly"

      by lonestar canuck on Fri May 09, 2008 at 01:23:51 PM PDT

      [ Parent ]

      • this is the reason I hypenated (0 / 0)

        I knew I would at times be addressed as Mrs. kidsandspouse's last name, and I knew it would really, really bug me if that were not actually my last name.  So since I'm hypenated, it's totally fine when people call me that.  And I just use my regular maiden name professionally (isn't there a better term than maiden name?  I forget.)

        • The preschool (0 / 0)

          is the only place where it happens and it has such a tone of "you loser who didn't change her name" to it when this one teacher says it that I come out of there two feet off the ground and ready to do battle over the choice that I made.  

          Funny thing is that I've talked to more women who regretted changing their names than women who wished they had - don't know if I just bring out that in women or what.

          "As God is my witness, I thought turkeys could fly"

          by lonestar canuck on Fri May 09, 2008 at 01:54:30 PM PDT

          [ Parent ]

          • Meh (0 / 0)

            I kept my name, husband kept his. Most people cope. Sometimes people call me Ms. Daughter's Last Name and I just don't worry about it. Mostly people call me 'Daughter's Mother'. :-) Admittedly I'm in California.

            Women who kept their maiden names aren't terribly common in my community, but what IS common is young women (quite a bit younger than me) on their second marriage and second set of kids. So they still end up with names not matching.

        • Your "family name" I think (0 / 0)

          Compared to your "married name"?

          I'm not sure either.

          RachelD

    • We kept ours (0 / 0)

      and the kids have my husband's since mine has certain issues.  

      However, it does come up now and then that people are confused that my name and my kids' is not the same, and  certain older family members still don't seem to get it.  I still now and then wonder if I shouldn't have changed it.

  • the politics of marriage (0 / 0)

    My first husband and I both hyphenated, and had no drama (again, we were in CA).  But OMG! changing back was such a pain after the divorce.  I still haven't done it with the cell phone, because I consider the information they demand to be unnecessarily intrusive (no, you really do not need a copy of my divorce decree, and why do you need my driver's license again?  CC company took me at my word.).

    I'm engaged again now, and I've decided to keep my last name.  I realized how attached I am to my last name, AND to the family story behind it, AND given that there are people in my life who still call me by my last name, it would be silly to change it.

    DF doesn't care, don't know if his family knows or will really care, and my family hardly thinks of such things.  I'm sure some of the older generations in our families will end up addressing mail to Mr. and Mrs. Husband'slastname, which will be a little annoying but not terrible.  I suspect our kids will have my last name as their middle name (or one of them, anyway).  

    HOWEVER, living in rural SW Iowa, I am sure this is going to freak some people out.  The hyphenated thing was apparently very complicated for some individuals for whom it should have been easy (do we file this under "D" or "G"?  Well, see, the first letter of the last name is "D," so why don't you use that?; plus some deliberately obstinate folk who just refused to acknowledge my last name.), so I am sure that the keeping of my own name will raise some eyebrows.  That, and being a minister.  Oh, and getting the legal stuff done in Canada, in solidarity with our GLT brothers and sisters.  WHEW!  

  • eh. (0 / 0)

    I took my husband's name because mine is difficult. And I don't like it that much. His is nice and simple. If I'd married someone with more consonants than vowels, I might have kept mine. I still use mine professionally, to keep the continuity of my publications, but otherwise I just use his. Mind you, I use Dr. and not Mrs. That "Missus" has always annoyed the crap out of me. I was Ms. before I was Dr.

    The only thing that annoys me more than "Mrs.(husband's last name)" is "Mrs. (husband's first and last name)". What? I suddenly lost my first name too? I think not!

  • hyphenated kid (0 / 0)

    DH and I each kept our own names, and we hyphenated DD's last name.  We thought a lot about it, but decided that if she was hyphenated, then both of our names would be in her name.  It seemed to us that it would maybe eliminate the confusion that comes with just one parent having a different name from the others in the family.  She's not quite 2, but she uses her whole name when someone asks her what her name is, "I'm Lucy X-Y," she says.  I think it's adorable, but no one else can understand what the hell she's talking about with that answer.  She refuses to use her middle name--perhaps adding in "Anne" is just one syllable too many for the little gal.  

  • telemarketers (0 / 0)

    IMO, feminist ideals aside, the best thing about DH and I keeping our own names is the way you can honestly get rid of telemarketers.  "Mrs. X?"  "No, I'm sorry, there's no one here by that name."  Once someone even persisted with, "Um, the future Mrs. X?"  I said, "sorry, wrong again, no one here by that name" and they  apologized and hung up.  

    The worst thing is that it's never simple.  But we can live with that.

  • My husband wants to change his name to mine. (0 / 0)

    We didn't realize how difficult it is to do. Totally makes no sense. I'm glad there's a pioneer out there who made it easier for us to accomplish this goal.

  • What's in a name? (0 / 0)

    I used my family name as a second middle name. I always liked my middle name and wasn't prepared to jettison it. Hubby took my name that way too. We hyphenated our little girl's last name, but almost immediately regretted it. People misfile her paper work ALL THE TIME. She had two different files at her pediatrician's for over a year, we kept wondering why her records seemed incomplete. The Next kid will be First Name, Middle Name, My Name, His Name... to be called Her Royal Highness of course.

  • Still thinking about it (0 / 0)

    I'm considering taking my husband's name.  I prefer it to mine, and I'd like the whole family to have the same last name.  No rush, though.  We've been married 12 years.

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