The Constitutional Court of South Africa has struck down a law that prevented men from assuming their wives’ surnames after marriage, ruling that the legal ban served no legitimate government purpose. The decision suspends the restriction and opens the way for parliament to amend the legislation.
In its judgment, the court said that while men were deprived of a legal option, the discrimination was more severe for women. The ruling stated, “It reinforces patriarchal gender norms, which prescribe how women may express their identity, and it makes this expression relational to their husband, as a governmental and cultural default.”
The case was brought forward by two couples who challenged the law. In one instance, a man sought to take his wife’s surname in honour of her parents, who had passed away when she was young. In the other case, the woman wished to maintain her family surname as she was an only child and wanted to preserve the family line.
Under the previous system, men who wanted to change their surname to that of their wife had to make a formal application to the Department of Home Affairs. Approval was not guaranteed and often involved lengthy procedures, unlike the automatic recognition given to women who adopted their husband’s surname.
The court said this system created an unequal burden and reinforced outdated gender roles. It found that the law treated women’s surnames as secondary to men’s, undermining the principle of equality in marriage.
By suspending the legal ban, the ruling now enables parliament to draft new provisions that allow men to adopt their wives’ surnames without facing unnecessary obstacles. The judgment noted that similar laws are already in place in other parts of the world, including many European countries and several US states.
Advocates for gender equality welcomed the court’s decision, saying it acknowledged the rights of individuals to choose how they identify in marriage. The ruling also emphasized that identity is not bound by traditional gender expectations but should reflect personal and family choice.
The decision is expected to prompt debate in parliament as lawmakers consider how best to align marriage laws with constitutional guarantees of equality. Until then, the suspension ensures that couples can proceed without facing the restrictions that had previously been in place.
