The Constitutional Court has ruled that men can now legally take their wives’ surnames, a right previously denied under section 26(1) of the Registration of Births and Deaths Act.
Judge Leona Theron declared the law unconstitutional, saying it unfairly discriminated on the basis of gender.
The challenge was brought by two Free State couples who described the act as “archaic and patriarchal”. Both couples argued that the law entrenched outdated gender norms and violated constitutional values of equality.
The ruling has since sparked heated debate online, with many questioning whether they would make the switch.
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