News Release

For Immediate Release:
October 12, 2007
Contact: Nick Hardeman
(916) 319-2012
Governor Signs Landmark Name Change Legislation
AB 102 allows a man to take a woman's last name and domestic partners to choose the name of their choice

SACRAMENTO, CA - Today Governor Arnold Schwarzenegger signed AB 102—the Name Equality Act of 2007, authored by Assemblywoman Fiona Ma (D-San Francisco). The landmark legislation would allow soon to be married spouses and domestic partners equal opportunity, regardless of gender, to change their surnames upon marriage or domestic partnership registration. The bill passed out of the Legislature in early September with bipartisan support.

“This legislation is about equality, flexibility, and getting with the times,” Assemblywoman Ma said. “The Governor has made a strong statement about the rights of couples who are in a committed relationship and I thank him for his leadership.”

The bill was introduced on the heels of the case of Michael Buday and his wife Diana Bijon. The couple wanted to extend the Bijon family name into another generation. A county clerk, the DMV and state records office denied Buday’s name change request on the couple’s marriage applications, leaving them only with the option of paying court fees totaling more than $300. The American Civil Liberties Union (ACLU) has filed a suit in federal court charging that Buday is a victim of discrimination. Seven states, including Georgia, Hawaii, Iowa, Louisiana, Massachusetts, New York, and North Dakota currently recognize a husband's right to take his wife's last name upon marriage.

“People like Mr. Buday showed that there is an inequity in California law that favors tradition over a couple’s rights,” said Assemblywoman Ma. “This legislation treats both partners in a committed relationship equally.”

While Massachusetts allows same-sex couples who are legally married to change their surnames, California will be the first state to allow domestic partners to change their names on the domestic partnership registration.

AB 102 is sponsored by the ACLU and Equality California (EQCA).

###