Sylvia Scott Whitlow v. F. E. Hodges, Director, Division of Driver Licensing, Department of Publicsafety of the Commonwealth of Kentucky

*583ENGEL, Circuit Judge.

At issue in this appeal is whether the Commonwealth of Kentucky may constitutionally require a married woman to make application for and receive a motor vehicle operator’s license in the surname of her husband despite a showing that for all other purposes the woman has continued to use her maiden name. Plaintiff’s complaint alleges that defendant’s policy violates her civil rights under the due process and equal protection clauses of the Fourteenth Amendment. She seeks relief under 42 U.S.C. § 1983, premising federal jurisdiction upon 28 U.S.C. § 1343.

By brief order, the…