South Africa’s Constitutional Court has ruled that men should be able to take their wives’ surnames, declaring a law that prevented this to be unfair gender discrimination. The court suspended the law, paving the way for parliament to enact amendments.
The ruling was made in response to a case brought by two couples who wanted to adopt the wife’s surname after marriage.
The court found that the legal ban served no legitimate government purpose and reinforced patriarchal gender norms.
It noted that the discrimination was not only against men but also against women, as it prescribed how women could express their identity and made it relational to their husbands.
The ruling aligns South Africa with other countries, mainly in Europe and certain US states, where men are allowed to assume their wives’ surnames on marriage.
