Senate Approves Measure to Repeal Antiquated Marriage Law

The 34th Legislature of the U.S. Virgin Islands voted to repeal an antiquated measure under the VI Code that requires a wife to take their husband’s name through marriage.

Sponsored by Senator Alma Francis Heyliger, the measure strikes a singular yet wildly outdated concept that remains on the books under the VI Code, derived from a tradition where a spouse ultimately surrendered their legal rights to their partner once married.

“This is rooted in a time where women 100 years ago did not have what they would consider value,” said Sen. Francis Heyliger, during the introduction of the measure. “They did not have the right to vote. Our property at times, once we were married, and we took on our husband’s name, it was immediately merged and everything went to our husbands.”

By repealing the archaic language lingering in Title 16 of the VI Code, the bill’s sponsor hopes this action prompt further revisions to delete or revise obsolete portions of the law. Several of her Senate colleagues celebrated the legislation in advance of its unanimous approval by the 13 attending members of the full legislative body.

“It’s a no-brainer to support, without a doubt, and I really commend the bill’s primary sponsor,” said Senator Genivieve Whitaker. “That’s clear. So as we work with our code advisor as well we have to clear up laws that honestly, in today’s time, either make no sense or that they are violative of our rights.”

During his four minute round to speak on behalf of several legislative items considered by the 34th Legislature last Thursday, Senator Samuel Carrion used some of his extra time to applaud the effort to modernize the VI Code to fit a more inclusive standard of marriage. With regards to forcing a wife to take her husbands’ name, Sen. Carrion said:

“As you know, in the Hispanic culture, that is not the case,” said Senator Samuel Carrion in support of the measure. “The female is allowed to keep the father and her mother’s name. So that’s why I also stand in support of that bill.”

Following the support from her freshman independent colleague, Senator Milton E. Potter voiced his support of the measure’s efforts to mirror a more modern concept of marriage.

“It allows for that flexibility; the code restricts the wife to take the husband’s name,” said Senator Milton E. Potter. “I don’t think that was ever really enforced, however it is essentially cleaning up the language. So I’m in support of that.”

After its passage by the Senate on Thursday, the measure will move on to Governor Albert Bryan, Jr. for his consideration to sign into law.