HISTORY
Coverture is a common law that was practiced in early America in the first settlements of the English colonies. It proposed that when a woman married, her identity would be subsumed within her husband's. Under this practice, women were required to take their husband's surname and were not allowed to sign or construct contracts, but or sell property, or file lawsuits. All of these issues were to be handled by the husband. A woman who practiced under coverture was referred to as "feme covert" while an unmarried woman, who still had the previously stated rights, was considered to be "feme solo." The first time this common practice was addressed was by William Blackstone in the Commentaries On The Laws of England which was written in 1765. In America, coverture continued until the 1880s. Mississippi, in 1839, sparked the first initial downfall of coverture.
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1973: Kathleen Harney
Kathleen Harney was an art teacher in Milwaukee, Wisconsin. After Kathleen married she did not use her husband's surname. The public school system informed her that she must either use her husband's surname or legally change her last name to Harney to continue teaching. Kathleen petitioned for a statutory name change in the circuit court, but was denied by the judge. The judge stated that if the couple could not have agreed on a common surname before the marriage then they should not have entered into a marriage. This further cited the idea of coverture in a more modern era.
Kathleen Harney was an art teacher in Milwaukee, Wisconsin. After Kathleen married she did not use her husband's surname. The public school system informed her that she must either use her husband's surname or legally change her last name to Harney to continue teaching. Kathleen petitioned for a statutory name change in the circuit court, but was denied by the judge. The judge stated that if the couple could not have agreed on a common surname before the marriage then they should not have entered into a marriage. This further cited the idea of coverture in a more modern era.
Sources:
1. Blackstone, William. "Commentaries of the Laws of England." 1765. http://www.kentlaw.edu/faculty/fbatlan/classes/BatlanGender&LawS2007/CourseDocs/coursedoc07/Blackstone.pdf
2. Gorence, Patricia J. "Women's Name Rights." https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2239&context=mulr
3. Lewis, Jone Johnson. "Coverture: Women's Nonexistence Under Law." ThoughtCo, August 2017. https://www.thoughtco.com/coverture-in-english-american-law-3529483
4. Pexels. https://www.pexels.com/photoclose-up-of-wedding-rings-on-floor-17834
5. Sifferlin, Alexandra. "How American Women Fought to Keep Their Maiden Names After Marriage." Time, December 2015. http://time.com/4153417/how-american-women-fought-to-keep-their-maiden-names-after-marriage/
2. Gorence, Patricia J. "Women's Name Rights." https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2239&context=mulr
3. Lewis, Jone Johnson. "Coverture: Women's Nonexistence Under Law." ThoughtCo, August 2017. https://www.thoughtco.com/coverture-in-english-american-law-3529483
4. Pexels. https://www.pexels.com/photoclose-up-of-wedding-rings-on-floor-17834
5. Sifferlin, Alexandra. "How American Women Fought to Keep Their Maiden Names After Marriage." Time, December 2015. http://time.com/4153417/how-american-women-fought-to-keep-their-maiden-names-after-marriage/