Winfield Dunn VS Rosary Palermo

522 S.W. 2d 679 April 7, 1975

Facts:
Rosary Palermo married to Denty Cheatham on September 1973.
She continued to use and enjoy her maiden name, professionally, socially and
for all purposes.
Subsequent to her marriage, she lodges with the registrar a change of address
form and listing her name as Palermo.
Under 680 Tennessee compulsory Registration Law. She was advised that she
was reqired to register anew under the surname of her husband, or have her
name purged from the registration recorded.
She was allegedly violated sec 2-206( Acts purging registration notice).
Defendant contended that interpretation of Sec 2-206 is erroneous or declared
violative of the Due process and equal protection clauses of the US
Constitution.
Issue:
Whether or not Rosary Palermo can continue to use her maiden surname?
Held:
Yes.
Persons legal name is that given at birth, or as voluntarily changed by either
spouse at the time of marriage, or as change by affirmative *689 acts as provided
under the Constitution and laws of the State of Tennessee. So long as a persons
name remains constant and consistent, and unless and until changed in the
prescribed manner, and absent any fraudulent or legally impermissible intent, the
State has no legitimate concern.
A woman upon marriage has the freedom of choice. She may elect to retain her
own surname or she may adopt the surname of her husband. The choice is hers.