Facts
- Mary Emily Stuart married Samuel H. Austell, Jr. in Virginia and later resided in Howard County, Maryland.
- Before marriage, Stuart and Austell agreed she would retain and use her birth-given surname after marriage.
- Stuart registered to vote in Howard County as “Mary Emily Stuart,” informing the registrar she was married and had consistently used her birth-given surname without fraud.
- The Board of Supervisors of Elections notified Stuart that her “legal surname” became her husband’s upon marriage and required her to file a “Request for Change of Name” under Maryland election law or face cancellation.
- Stuart refused to file the form, and the Board cancelled her voter registration.
- Stuart filed petitions in the Circuit Court for Howard County seeking correction and restoration of her voter registration; the court ruled for the Board.
- Stuart appealed to the Maryland Court of Appeals.
Issues
- Whether, under Maryland common law, a married woman’s legal surname automatically becomes her husband’s surname upon marriage.
- Whether Maryland election law required all married women to register to vote under their husbands’ surnames, or allowed registration under a birth-given surname upon proof of consistent, nonfraudulent use.
Decision
- The Maryland Court of Appeals reversed the circuit court.
- The court held Maryland recognizes the common-law right of any person to adopt and use a name, absent fraud or contrary statute.
- The court held marriage does not, by operation of law, automatically change a woman’s surname to her husband’s where she clearly intends to continue consistent, nonfraudulent use of her birth-given surname.
- The court construed the election statute as not compelling all married women to register under their husbands’ surnames; it applied only where a woman’s name has in fact been changed by marriage.
- The court ordered that Stuart was entitled to be registered to vote as “Mary Emily Stuart,” and the cancellation was improper.
Legal Principles
- Absent a statute to the contrary, Maryland common law permits a person to adopt and use any name by which the person becomes known, including for contracting and litigation, so long as it is not used for fraudulent purposes.
- A married woman’s surname does not automatically become her husband’s solely due to marriage; consistent, nonfraudulent post-marriage use of a birth-given surname can preserve that name as her legal surname.
- Maryland election law does not impose a categorical requirement that married women register to vote in their husbands’ surnames; when no change of name has occurred, the registrant may use her birth-given surname upon showing consistent, nonfraudulent use.
Conclusion
The court held that a married woman who consistently and without fraud uses her birth-given surname after marriage may register to vote under that surname, and election officials may not cancel her registration based solely on a contrary assumption about automatic marital name change.