Reading: * Brown, Emerson, Falk, Freedman, The Equal Rights Amendment: A

Constitutional Basis for Equal Rights for Women,

This reading is about historical and contemporary legal treatment of women in domestic
relations law, primarily in the context of marriage and divorce. It highlights how, in the past,
women's legal status was heavily tied to their husbands, and the law treated them as dependent
individuals. Over time, there have been changes to make the legal treatment of women in marriage
more equal and based on individual capacities. The passage also mentions the potential impact of
the Equal Rights Amendment on domestic relations law, emphasizing that while the law can
influence social customs and behaviors, it cannot entirely control them. Additionally, it
acknowledges that the impact of marriage and divorce laws can vary based on economic class, but
research in this area is limited.

1. Laws Statutory requirements for a lawful marriage include a valid license, waiting period,
Affecting medical certificate, age, and parental consent for those below the age of consent.
the Act ofThese requirements may discriminate based on sex. The Equal Rights Amendment
Marriage would challenge age differentials, promoting equality and individual choice.
2. Merger of The requirement for a woman to change her last name upon marriage would be
the eliminated by the Equal Rights Amendment, allowing women to retain or change
Woman's their names as men do. The domicile rule, merging a wife's domicile with her
Legal husband's, would be challenged, giving married women the same independent right
Identity into
to choose their domicile as married men. This change would also apply to
Her determining children's domicile, ensuring it is based on practical living
Husband's arrangements.
The Equal Rights Amendment would impact various aspects of the legal relationship
between husbands and wives. This includes the rights of consortium, which have
historically been male-oriented in personal injury actions. Under the Equal Rights
Amendment, the laws would need to grant equal rights to both spouses, including the
right to sue for loss of consortium and not assume traditional gender roles in
marriage. Additionally, the duty of family support between husbands and wives and
3. Rights of the ownership of property acquired during marriage would have to be non-
Husbands discriminatory based on gender. Grounds for divorce, alimony, and custody of
and Wives children would also be affected, ensuring gender-neutral approaches to these legal
Inter Se matters. The Equal Rights Amendment would promote gender equality in these legal
areas while respecting the individual dynamics of marriages.
Summary
The Equal Rights Amendment aims to eliminate legal structures in domestic relations
The Equal that have been rooted in traditional social and religious views of gender roles within
Rights the family. It seeks to prevent the imposition of distinct roles for men and women
Amendment based on their gender. The Amendment would mostly enable couples to determine
and roles, privileges, and responsibilities based on their own preferences and abilities.
Domestic Courts could adapt to these changes through the adjudication process, but in areas
Relations where legislative adjustments are necessary, they could establish marital rights and
duties based on actual functions within the family, rather than gender.
The Equal Rights Amendment is unlikely to impact most criminal laws, as they
already hold men and women equally liable for most offenses. However, in the realm
of sexual activity, many laws perpetuate gender stereotypes, treating women as weak
or morally inferior. The Amendment would not allow such discriminatory laws based
Criminal Law on social stereotypes and courts would likely strike them down. Legislatures would
have the option to extend or revise these laws to apply equally to both men and
 women. Some criminal statutes, such as rape laws, may be justified due to physical
differences between men and women, but courts would closely examine these laws
to ensure they meet the exception for unique physical characteristics.

STATUTORY DEVELOPMENT PRE-MARRIAGE NAME CHANGE, RESUMPTION

AND REREGISTRATION STATUTES

Section Summary Additional Facts

Discussion of legal challenges for

women seeking to retain,
reassume, or use their pre- Provides an overview of the legal complexities
Statutory marriage name. Two types of faced by women regarding name changes and
Development statutes are involved. privileges.

I. Theories for Examination of common law

Challenging Pre- rules on name change and Discusses the common law right to change one's
Marriage Name constitutional grounds for name through consistent use and the variations
Statutes challenging these statutes. in court interpretations.

Discussion of the common law

A. Common Law right to change one's name Highlights the English common law principle
Rules on Name through consistent use, with that women can retain their pre-marriage name
Change variations in court interpretations. if they continue using it consistently.

Explores how equal protection standards (strict

B. Federal Explanation of equal protection scrutiny and minimal scrutiny) apply and how
Constitutional and due process approaches, as due process violations can occur. It also
Rights to Pre- well as the impact of the proposed considers the potential impact of the Equal
Marriage Name Equal Rights Amendment. Rights Amendment on name change laws.
 Section Summary Additional Facts

Discusses how the Supreme Court applies these

Application of strict scrutiny and standards and when they may be triggered in
1. Equal Protection minimal scrutiny standards in cases involving voting restrictions and gender
Approaches equal protection challenges. classifications.

Consideration of due process

violations when the state imposes
a surname, conditions benefits on Highlights potential due process violations
2. Due Process reregistration, and infringes on related to property rights, benefits, licenses, and
Approaches the right of privacy. privacy when name changes are imposed.

Discussion of how the Equal

Rights Amendment may affect Considers the potential impact of the proposed
3. Impact of the common law rule regarding a Equal Rights Amendment on the legality of
Proposed Equal woman's name change at requiring or presuming a woman to take her
Rights Amendment marriage. husband's name at marriage.

II. APPLICATION OF THEORIES TO PRE-MARRIAGE NAME STATUTES

Section Summary Additional Facts

Discusses the
preference of some
II. Application of Explores the application of theories to pre-marriage name women to use
Theories to Pre- statutes, including court establishment of name change statutes, statutory name
Marriage Name administrative control over name changes, and professional change procedures
Statutes name statutes. and the potential
issues arising from
the discretionary
 Section Summary Additional Facts

authority of courts
in these matters.

Examines the challenges faced by women when seeking to

reassume their pre-marriage name or consistently use it,
highlighting issues related to arbitrary denials based on reasons
A. Court like record-keeping confusion and familial harmony. Discusses
Establishment of the possibility of equal protection challenges when common law
Name Statutes rules clash with statutory procedures.

Discusses the notification requirements for married women

regarding name changes with respect to various administrative
agencies, emphasizing the impact of sex classifications in these
statutes. Raises concerns about the constitutionality of
B. Administrative overinclusive classifications and the need for a "compelling
Control Over Name state purpose."

Explores professional name statutes and their impact on married

women who wish to use different names for various purposes,
C. Professional highlighting the potential challenge when dual use is prohibited
Name Statutes by these statutes.

Emphasizes that women's name change rights should apply

CONCLUSION equally to men and be based on the individual's situation.