In the United States, the courts have held that a common law (such as names, marriages, the year, etc., etc.) is not abrogated unless a statute clearly and specifically states it. The courts in States which have not made their name change statutes exclusive have held that when the statute states a person may go to court or the court has jurisdiction to change names, that statute does not eliminate the common law right to use any name non-fraudulently, it merely assists the common law.
Most women use an 'alias' after marriage, since most marriage statutes (and the certificates they authorize) have no name change provision. This was a gender discrimination issue in the 1970's when some tyranocrats attempted to make law by requiring married women to use their husband's surname.
Note that in the rogue State of Florida, tyranocrats state in writing that they will not follow the Constitution or statutes. I wish King George had invaded them instead of Iraq.
September 12, 2008
0 replies