A Married Woman’s Surname: Is Custom Law?

Tersh Boasberg, Julia C. Lamber and Jacqueline Covey Leifer

Although I first examine the history of surnames, the focus of this Article is an inquiry into two questions which the courts must resolve: First, under the common law can women retain their pre-marriage names during marriage; and secondly, if not, is the imposition of the husband’s name on his wife constitutional?