South Africa’s top court ruled Thursday that men should be able to take their wives’ surnames and a law that prevented this amounted to unfair gender discrimination.
The Constitutional Court said the legal ban served no legitimate government purpose and was suspended, paving the way for parliament to enact amendments to the legislation.
While men were deprived of the ability to take their wives’ surnames, the discrimination was “far more insidious” for women, the ruling said.
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,” it said.
The case was brought to court by two couples, one of which wanted to honour the woman’s parents who died when she was young. In the other case, the woman wanted to keep her ties to her family surname as she was an only child.
Previously, men would have to apply to the home affairs department to change their surname, a request that was not automatically granted.
Provisions allowing men to assume their wives’ surname on marriage are already in place in other countries, mainly in Europe and in certain US states.
