The essay analyzes the separation between the principle of gender equality enshrined in the Constitution and its effectiveness in ordinary laws. The focus is on the recent discrimination of women in the allocation of the maternal surname, which has been eliminated by constitutional jurisprudence. In particular, the author analyzes the cultural implications of the rule introduced by the case law. Finally, the role of women in the family and society is addressed, with the aim of analyzing the cultural reasons for their subordinate position, which the jurisprudence seeks to eliminate.