Senate Committee Votes to Axe Antiquated Marriage Law

With overwhelming and unanimous support, the 34th Legislature’s Committee on Rules and Judiciary passed a measure to repeal antiquated language in the VI Code that requires a wife to legally adopt her husband’s name through marriage.

Sponsored by Senator Alma Francis Heyliger, Bill No. 0035 altogether repeals an outdated subsection of Title 16 of the VI Code, which dictates: “The wife shall bear the surname of her husband.” In her introduction of the bill, Sen. Francis Heyliger noted that the bill had roots to a time where a husband subsumed the legal rights of a wife through marriage.

“It takes away the woman’s right to choose, simply because they were born female,” said Senator Francis Heyliger. “That is something I believe is antiquated and should no longer have any place in our books here in the Territory.”

As an example of the absurdity of this law remaining on the books, Sen. Francis Heyliger offered herself as an example. Having inherited the name Francis from her father, she also adopted the name Heyliger from her husband. Such a practice has become commonplace in modern society, yet remains a violation under the VI Code.

The anecdote gave the gallery of lawmakers a shared laugh when Senator Milton Potter referred to the bill’s sponsor as “Senator Francis.” Despite the lighthearted confusion in names, Senators Potter, Francis and Francis Heyliger all stood in support of the bill as amended.

While the freshman Senator represented the bill as a non-voting member of the Rules and Judiciary Committee, it received a rousing reception from her colleagues in the Senate. Senator Carla E. Joseph and Senator Steven Payne, Sr. similarly voiced their support of the bill.

“I sincerely believe that any man or woman should be able to keep their own names and use their spouse’s name if they choose,” said Senator at Large, Steven Payne, Sr. “For me, it’s about to the right to choose.”

With its passage from all of the voting members present in the festively adorned chambers of Earle B. Ottely Hall in St. Thomas, the bill will move on to the full legislature for consideration.