Friday, February 2, 2007

Inequity or Inanity?

Last month, my husband drew my attention to the following article:
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California Couple Fights for Name Change

Last Update: Jan 17, 2007 8:54 AM

Posted By: Alison Reeder

January 16, 2007

CALIFORNIA -- A Southern California man is fighting to change his name. He wants to take his wife's last name.

But in California, a man who wants to take his wife's name faces a long list of requirements. He must file a petition, pay more than $300, place a public notice in a newspaper, and then appear before a judge.


The couple has filed a discrimination lawsuit against the state, claiming the process violates the "Equal Protection Clause" of the 14th amendment. A California law-maker has introduced a bill that would put a space on the marriage license for either spouse to change names.

The couple married in Santa Barbara in 2005.

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It's too bad the couple do not live in Texas. The court costs are lower here, as I know from personal name-changing experience!

Seriously, though, ladies and gentlemen, I think it's sad that the man has to file a gender discrimination suit. Not because of the discriminatory nature of the law (Which also inconveniences women who want to keep their maiden names anywhere in their new married names--where are those radical feminists when you need them?), but because it's amazing that the state of California, as well as the state of Texas haven't caught on to the state of married names in this country.

Things being what they are, people are getting pretty creative about what they do with their names after they marry. They hyphenate, recombine, and rearrange things in every possible combination. This has been going on for at least the last 25 years.

Also, things being what they are, many offices belonging to what some call the fourth branch of American Government (the bureaucracy) require documented proof of a change of name. In writing. Especially if you are doing anything creative with it. Social Security, for example, requires official proof of your old and new identities. Preferably accompanied by pictures. And the DMV in some states, including Texas, will not put your full legal name on your drivers license if it does not fit in their computers. (I could write another blog entirely about the various areas in which drivers license offices lack sense and efficiency) At this point, a court order is the best proof-of-new-name option for newly married folks, since our marriage certificates do not offer us that possibility.

Interestingly, I would have an easier time changing my name back if I were to get a divorce. The divorce and the name change can be finalized simultaneously.

Why on earth can't it be just as easy when we get married? It would be a great convenience to everyone. I'm sure the courts have more pressing matters to deal with, and I'm sure I can think of several things I'd rather do with $250. Or $300, if I still resided in the Golden State.

At least I didn't have to waste space in the newspaper as well as in the courtroom.

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Here is the same story at CNN.

Here is the text of California Assembly bill 102, referenced in both articles.

I should also add that I have contacted my local state representative to see about getting such legislation passed in Texas, before there are any lawsuits. :)

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