Stuart v. Board of Supervisors of Elections
266 Md. 440, 295 A.2d 223 (1972)
Mary and Samuel married. Mary
decided to keep her last name (Samuel was ok with that). Later, she went
to register to vote, but the Registrar would not accept her maiden name.
She was told that if she didn't legally change her name, she could not
vote. Mary sued.
The Election Board argued
that, "a woman's legal surname becomes that of her husband upon
marriage." Therefore, Mary was trying to register to vote under
something other than her legal name.
You can't register to vote
under a pseudonym.
The Election Board also
argued that this prevented fraud, since it stopped married women from
being able register twice (once under each name).
The Trial Court found for the
Election Board. Mary appealed.
The Trial Court looked to
the English common-law and found that women must legally change their
name upon marriage.
The Court looked at the
Statute (§3-13(a)(3)) and found
that Mary can call herself whatever she wants, but in order to vote she
must register under her 'legal' name.
The Maryland Supreme Court
reversed.
The Maryland Supreme Court
interpreted the Statute differently. They read it to require women
"whose names have been changed by marriage" to register in
their husband's name. However, due to Mary and Samuel's agreement, her
name was not changed by marriage.
Basically, if a woman changes her name, then she has to
register under the new name, but if she doesn't, then she is not forced
to.