Court Justice Muammer Topal: Gender equality is a modern myth

Court Justice Muammer Topal: Gender equality is a modern myth
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The Constitutional Court has invalidated the provision of the Turkish Civil Code that prevented women from using their pre-marriage surname. Justice Topal, who cast a dissenting vote, stated that "Gender equality is one of the modern myths.”

The Constitutional Court invalidated the regulation that prevented women from using their own surname without the name of their spouse after marriage. One of the justices who objected to the decision argued that "Equality between men and women is of an impossible nature."

The Istanbul 8th Family Court applied to the Constitutional Court for the annulment of the provision in the Civil Code that stated "A woman takes her husband's surname when she marries, but she can also use her previous surname in conjunction with her new surname by applying in writing to the marriage officer or the civil registration office later. A woman who has previously used two surnames can only benefit from this right for one surname."

The High Court evaluated the application and annulled the provision in Article 187 of the Civil Code. The decision stated that "according to the Constitution, men and women have equal rights, and the family unit is based on equality between spouses."

Constitutional Court Justice Muammer Topal, who voted against the decision and explained his reasoning in a text of nearly five pages, wrote, "Gender equality is one of the modern myths.” Justice Topal wrote:

"The anatomical, physiological, psychological, and gender differences between men and women are of a nature that makes social equality impossible. In short, there is a structural inequality between men and women as a result of the reality of their creation. This situation is generally seen as a barrier to equality between men and women in terms of their positions in society. As such, although it is put forth as a dogmatic value that should be accepted without even an opportunity for discussion, gender equality is another one of the modern myths and is not of a quality that can provide peace, justice, and happiness in either the family or in society."