Mother Talkers

Marital Change, Name Change, and the Power of Allies

Fri Mar 30, 2007 at 05:50:36 PM PDT

If you are married, did you change your name to match your spouse? It is a sign of greater equality for straight women that they are no longer required to take their husband's names, though ultimately it is a personal decision that may have nothing to do with feminism or equal rights. (Maybe one name is very hard to spell.)

Straight women who choose to change their names at marriage face the minor hassle of updating their driver's licenses and such, but do not have to worry about legal fees or court appearances. Not so for same-sex couples (except for those in the four states that recognize same-sex marriage or civil unions). Even in California, which provides extensive rights and protections for same-sex domestic partners, a member of a same-sex couple who wants to change her or his name to match a partner's has to go through expensive court proceedings. To address this inequality, a California Assembly committee has just passed the Name Equity Act, which would allow members of a same-sex couple to change their names upon registering as domestic partners.

A second part of this act benefits more than just same-sex couples, however. Under current law, a woman can take her husband's name at marriage without any additional proceedings, but a man cannot take his wife's name without the same legal and financial hurdles same-sex couples face. The Name Equity Act would remove these burdens, giving both members of the couple equal rights in this matter.

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Despite what those on the far right would have us think, marriage as an institution has changed much over the years. Historian Stephanie Coontz, in a recent article on the topic, notes:

Until the 1980s, courts said that the husband must support the family; the wife had no such duty. Wives were charged with keeping house, rearing children and providing other personal services. That is why a man could not be charged with marital rape and a woman could not sue for loss of personal services in the event of her husband's death. Only in the 1980s did courts redefine marriage as a union of two people with reciprocal, not complementary, duties.

Once marriage came to be seen as an institution bringing together two individuals based on mutual affection and equality, without regard to rigidly defined gender roles or the ability to procreate, it's not surprising that gays and lesbians said, "That now describes our relationships too, so why can't we marry?" If you don't like these changes in the institution, blame your grandparents, not the gay and lesbian couples seeking entry into this new model of marriage.

The push for women's rights within marriage was thus the instigator of change that opened the doors for same-sex couples to consider the institution. Now, it is the push for LGBT equality that is helping to remove the last vestiges of inequality even in opposite-sex relationships. Proof that equality has a way of spreading in directions we do not always foresee or intend, but which benefit us all.

Tags: gay, lesbian, lgbt, glbt, marriage, gay marriage, same-sex marriage, california (all tags)

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