The Superior Court of South Africa ruled on Thursday that men should be able to take the surnames of their wives and a law that prevented this from going to unjust gender discrimination.
The Constitutional Court said that the legal prohibition did not have a legitimate purpose of the Government and was suspended, racing the way for the Parliament to promulgate amendments to the legislation.
While men were deprived of the ability to take their wives’ surnames, discrimination was “much more insidious” for women, the failure said.
“Strengthens the patriarchal gender norms, which prescribe how women can express their identity, and makes this expression related to her husband, such as government and cultural breach,” he said.
The case was taken to the Court by two couples, one of whom wanted to honor women’s parents, who died when he was young.
In the other case, the woman wanted to keep her ties with her family’s last name, since she was a unique child.
Previously, men would have to apply for the Department of Internal Affairs to change their last name, a request that was not automatically granted.
The provisions that allow men to assume the last name of their wives in marriage are already in place in other countries, mainly in Europe and in certain states of the United States.
