Turkish Constitutional Court upholds marriage registration law

The Constitutional Court of Turkey has ruled that the provision in the Population Services Law requiring a married woman's registration to be transferred to her husband's household is not unconstitutional. The decision, published in the Official Gazette, follows a challenge by the Istanbul 14th Civil Court of First Instance.

The disputed article states that upon marriage, a woman's registration is moved to her husband's household, and if widowed, she remains in the husband's family registry unless she chooses to return to her father's registry. The original challenge argued that this practice constitutes gender-based discrimination and violates the principles of equality between men and women.

The Constitutional Court majority held that the population registry is a technical administrative recording system and that transferring a woman's record to her husband's household does not have a direct or decisive impact on her legal status or concrete interests. The court concluded the regulation does not violate constitutional principles regarding the rule of law, equality, or the protection of the family.

However, the decision was not unanimous. Five members voted against the ruling. Dissenting opinions argued that the regulation treats men and women differently without a justifiable reason, undermining the concept of equality and treating women as components tied to a male spouse rather than independent legal entities.