Senate to Consider Revisions on Antiquated Marriage Laws

Throughout much of modern history, women have predominantly adopted the surname of their spouse through marriage, a tradition which dates back to the ninth century according to legal scholars.

The tradition has origins with the Doctrine of Coverture under English common law, which decrees that a husband and wife are one but ultimately deprived the wife of a legal identity, according to Marquette Law Review.

To this day, the practice of forcing a spouse to adopt their partner’s surname through marriage can potentially set off a cascade of practical legal consequences that range from the mildly inconvenient to the life altering.

Across most of the United States, wives have the option after marriage to retain their maiden name, adopt their husband’s surname, create a hyphenate name or altogether new legal name. Yet the Virgin Islands Code currently dictates the following quite simply:

“The wife shall bear the surname of her husband,” states Title 16, subsection 61 of the VI Code.

On Thursday, the Legislature will consider Bill No. 34-0035, sponsored by Senator Alma Francis Heyliger, which would strip the VI Code of that singular sentence. By doing so, the bill seeks to empower marrying spouses with the freedom to choose their own surname.

According to Sen. Francis Heyliger, the bill would update the VI Code to reflect modern practices by removing language that makes it unlawful for a woman to not adopt her husband’s surname after marriage. A law which has been a part of the VI Code since 1921, some 100 years.

Ahead of Thursday’s hearing on the bill by the 34th Legislature’s Committee on Rules and Judiciary, the Virgin Islands Bar Association submitted testimony in support of the legislation.

“The bill reflects the recognition that a woman should have the choice to take her husband’s name, creates a simplified way for a man to take his wife’s surname, and accounts for the fact that same-gender couples may marry,” said the VI Bar Association’s President, Charlotte K. Perrell, Esq.

The bill’s sponsor had originally crafted the legislation to read: “Either party, husband or wife, of a marriage may use the surname of their spouse.” Along with its support of the measure, The VI Bar Association recommended minor grammatical changes in order to make the bill more inclusive.

“Including ‘husband or wife’ is not necessary to clarify the meaning of the sentence and excludes nonbinary individuals who may marry but may not consider themselves husband or wife,” the Perell said in the written testimony.

After much discussion with the public, her colleagues and through various recommendations, Sen. Francis Heyliger amended the bill to repeal the current provision of the law altogether.

The Senate’s Rules and Judiciary Committee will meet this Thursday at 9:30 a.m. in the Earl B. Ottley Legislative Hall on St. Thomas. The general public can view the session live on the Legislature’s web-site, Facebook page and a variety of other media platforms.