Texas Woman Denied Driver’s License Over Same-Sex Marriage

[Newsjock]

Source: Texas Observer

A woman who recently relocated from California says the Texas Department of Public Safety refused to issue her an accurate driver’s license because her last name was changed through a same-sex marriage.

After Connie Wilson married her partner of nine years in California last year, she took her wife’s last name, Wilson, which now appears on both her California driver’s license and her Social Security card, in addition to all of the couple’s financial and medical records.

... Texas has both a state statute and a constitutional amendment prohibiting recognition of same-sex marriages from other states. However, Wilson contends she isn’t asking DPS to recognize her marriage, but rather trying to obtain an accurate driver’s license reflecting her legal name according to the state of California and the U.S. government.

... In response to inquiries from the Observer, DPS confirmed that people moving to Texas from other states can’t obtain driver’s licenses listing their married names using same-sex marriage licenses.

Read more: http://www.texasobserver.org/same-sex-marriage-drivers-license-dps/

[Terra Alta]

1. How is this even legal?

Bigotry aside, how can a state deny a driver's license to someone using their legal name? If she had obtained a license using her former name she would be committing fraud so she loses either way. I hope she is successful in her lawsuit.

[elleng]

3. Can't, Texas loses this one,

after obnoxious kerfuffle.

[BlancheSplanchnik]

15. yay for Texas taxpayers,

On their dime.

[littlemissmartypants]

2. Thanks for your post, Newsjock.

It's going to be interesting to see how this ends. If you haven't already done so, I would cross post in LGBT and Texas groups.

Thanks again.
~ Lmsp

[Gman]

4. I believe that under the Commerce Clause

Texas is in violation of the constitution.

[SheilaT]

5. If she has a legal name change,

I can't see how they can refuse her.

However, it is my opinion that people shouldn't change their last names when they get married, but that's just me.

It's my understanding that in the semi-distant past, when a woman got married and took her husband's last name, which most women did, it was just a matter of telling the MVD and whoever what the new name was and no one ever gave a woman a hard time. I've been told that in recent years, a woman who changes her last name has to go through ridiculous hoops to get new ID and all in her new name.

Like I tell everyone who asks, and plenty who don't ask, it's a lot easier never to change your name.

Oh, and while I actually do respect the decision to name change, I want to be the first one to tell everyone that having two different last names is never a problem. Never. I was married for 25 years, never changed my name, and never had any problems at all. We had two kids, who had their father's last name as theirs, and again, no one ever questioned anything.

[LittleGirl]

22. when we got married

my spouse took my last name. His last name was long and difficult to say so he asked to take mine. I wasn't about to change my name again and so I said sure, no problem. It was more difficult than he expected. But nothing like this. My brother got his nose out of joint about it but once he got to know my spouse, he was okay with it. I hope Texas gets their ass reamed over this.

[SheilaT]

23. Because men so rarely change their name upon marriage,

it tends to confuse and sometimes upset people. Too bad. Do what works for you, or in this case for your spouse.

[LittleGirl]

24. married 7.5 yrs now

doesn't seem to upset anybody anymore.

[dixiegrrrrl]

34. While I agree with you 100%, gotta tell you that down here in teh South

people just can't get it.
Mr. Dixie and I have different last names, and it drives people nutz down here.

[SheilaT]

35. I do understand about different parts of the country.

We married in 1980 In 1982 we were living in Minneapolis, and were part of a support group of brand new parents. There were ten couples in the group, and only one of them had the same last name.

A year later we moved to Phoenix, and people there had apparently never come across the concept of a woman not changing her name.

Personally, I was always glad that I never did, and it simply never caused any kind of problems. When my kids were in school it didn't matter to me if their friends addressed me by my last name or their last name (same as their father's), but I'd generally correct adults.

[cntrygrl]

37. My wife and I are in FL, which doesn't`

recognize our Canadian marriage. We both went to court to legally change our names. I added her last name to mine and she added mine to hers. It took more time and some $$ but that's what happens some times. The reason we went to all the trouble is because we were getting closer to retirement age and was told that unless we did it that way, we might have problems later on. She's retired and I'm on disability. We had no problems with Soc Sec.

[SheilaT]

38. It is my understanding that the federal government is going to completely

recognize same sex marriage in all the important ways, such as social security.

Perhaps it's because I was the female half of a "normal" marriage, but having a different last name caused a trivial problem once, and only once. We'd been out to eat, and my husband left his card at the restaurant. When he realized it the next day he called them, they had it, and he said he'd send his wife to pick it up. Understandably, when I got to the restaurant they wanted to see ID, and then were understandably reluctant to give me the card, since my driver's license had a different last name. I thought for a moment and pulled out my checkbook. It was a joint account, with both our names, and the address matched the one on my license. They let me have the card.

And THAT is absolutely the only occasion a different last name was inconvenient. We had two kids, travelled, including overseas, bought houses, and all the rest.

If Social Security is okay with you, and can't imagine what other issues might come up down the road, other than idiot hospitals if either of you is in one and very, perhaps terminally ill. Make sure you get good Power of Attorney paperwork in place, and make sure your primary physicians understand.

I know it's easy for me to say, but you really ought to consider leaving Florida. That's one state I keep on hearing real horror stories about, same sex couples being denied their legal rights in hospitals, sometimes even with the good paperwork in place.

In any case, Mazel Tov to you and your wife!

[cntrygrl]

43. We have everything jointly and our wills made. While

visiting my sister in upstate NY (where I'm originally from) she was hospitalized and in ICU. They recognize our marriage and my wife joined me in her room. This was a big plus when we said our goodbye's when the decision was made to take her off life support.

You mentioned leaving Florida. I wish with all my heart that we could but our finances won't allow it. My dream is to take my last breath at "home" in the Catskill Mtns and my ashes scattered at my favorite water falls but, again, I don't see that happening.

Everyone is aware of our marriage and just about everyone accepts it but we've given (all who need it in writing) documents declaring our marriage status.

[LibertyLover]

39. It's amazing in this day and age

how many people still think a woman should change her name when she marries. When I married, my husband told me he didn't care if I changed my last name or not. I didn't. That was 16 years ago. To this day I have family members who still address mail to Mr. and Mrs. [Husband's Last Name]. Several years ago my husband had some surgery. I had given my name to the waiting room receptionist as well as the patient I was there for. I got reading and vaguely heard someone calling "Mrs. [Husband's Last Name]". I didn't respond. Then the receptionist came up and in a rather ugly voice demanded to know if I was there for Mr. [Husband's Last Name]. When I said yes, she scolded me for ignoring the surgeon who was waiting to speak with me. In a polite voice I replied that my name had not been called and that I was not Mrs. [Husband's Last Name]. Surgeon stepped over, apologized and gave me the report. And my daughter's music teacher still, in spite of several corrections from husband and I, sends the monthly lesson bills to Mrs. [The First Half of My First Name] [Husband's Last Name]. In the last case, it's religious. The teacher is a very Christian lady whom I'm sure thinks that the Bible commands women to take their husbands' last names on marriage. Of course, never mind that didn't happen in old tyme Israel. Our daughter has her father's last name and we've had no problems, but just in case I carry a copy of my marriage license and her birth certificate in my wallet.

[SheilaT]

40. I am likewise astonished that the majority of women

change their names at marriage. There was a brief flurry of not doing that when I got married in 1980, but the trend apparently died out. I also understand that actually changing everything is tedious, time-consuming, and requires documentation.

Then of course, there are the women who marry more than once and go through the name change every time. I'm inclined to think they're idiots, but I suppose I shouldn't be name-calling.

Luckily my now ex was very supportive of my not changing my name. He said that Mrs His Last Name made him think of his mother. It took a while for everyone to come on board, and I'm not sure his parents ever really got it that I never used their last name.

If I were ever to remarry, I certainly wouldn't change my name, and any man who'd expect that wouldn't last very long with me.

[LibertyLover]

41. I have a friend just a bit older than I

who has been married twice and both times changed her name when she married and I have friends who are younger than I who were so happy to get married and change their names (Although in the case of one of them, I understood since her last name was long, hard to spell and worse to pronounce. The guy she married had a relatively uncommon but short and easy to say last name.) But my friends of basically my age pretty much all kept their last names and didn't change them when they got married. It's certainly a lot easier.

[SheilaT]

42. I've known women married three and four times

who change their name every time.

I think if I had a surname that for some reason I did not like, I'd simply do a legal name change to what I did like, and leave it at that. But I've always liked my name, so I have no real idea what I'd do if I didn't.

[jtuck004]

6. Go get a fake certificate from a state that lives in this century. Better than admitting to

strangers that you are from this Texas place, a place where they are working hard on making their students some of the most ignorant in all the nation.

[jmowreader]

7. These "Constitution lovers" apparently never read the damn thing

Article IV, Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

[michreject]

17. I think that that means federal documents

must be recognized by the states. Documents issued by the states don't enjoy interstate recognitions. A prime example is concealed carry permits. A permit issued in one state isn't necessarily recognized by every state.

[NickB79]

19. CCW advocates are fighting for reciprocity in the courts on gun rights

IE, a CCW permit legal in one state would be legal in every state if they got their way.

The irony being that many of those fighting to get the states to recognize their CCW permits would object to states being forced to recognize a same-sex couple's marriage license from a state where it's legal.

[michreject]

20. I agree

But as I stated, full faith and credit only covers federal applications. Until state performed marriage and license is recognized in all 50 states as a federal document, states will set their own standards.

[RiverNoord]

27. Sorry but you're entirely wrong about that.

The full faith and credit clause is explicitly (and was very specifically) designed to compel the individual states to recognize the legal actions (judicial determinations, as well as 'records') of each other state. A legal name change, for example, is a judicial proceeding - a duly constituted judicial official of some kind must sign off on it. So is a marriage.

The trick is the 'Congress may ... and the effect thereof' part. Basically, the Constitution appears to grant to Congress the power to render the Amendment inapplicable, by legislating that a particular type of action that all states would otherwise be compelled by the Amendment to recognize has no effect whatsoever in a state that doesn't want it to. That's the basis for DOMA, which is now, with respect to its most extreme effects, unenforced - the Obama administration chose not to defend it against Federal judicial intervention declaring it unconstitutional.

It's a messy Amendment, just like the Second, and it's been litigated over our country's history many, many times.

[jmowreader]

21. No, it means exactly what it says and it's in there for a reason

Europe is a landmass about the size of the US, but rather than one nation like we are it's well over a dozen. And what's the result? War, war, trade dispute, war...not a good situation. To prevent America from becoming Far Western Europe the Constitution is built with a lot of safeguards to keep states from becoming nations - you can't print money, forge treaties, charge customs duties on freight from other states, or ignore other states' laws. That worked well until State A started passing laws State B didn't like, such as SSM, concealed carry with no training (like Idaho has - my DD214 is sufficient proof of training even tho I got out of the army 20 years ago and never carried a pistol) or weed legalization.

[AndyTiedye]

33. The Federal Government DOES Consider Her Married Name to be Her Legal Name

trying to obtain an accurate driver’s license reflecting her legal name according to the state of California and the U.S. government.

Her Social Security card and her passport (if she has one) would carry her married name.

So this distinction would not apply to her case.

[Skittles]

8. Texas never misses an opportunity to embarrass itself

yup

[justabob]

11. and spend a lot of money in the process

This will go to court and cost a fortune as it wends its way through the process and Texas will lose and eventually fork over a pile of money to her. (rightly so) All totally predictable and expected when they passed all these wretched laws.

[cab67]

30. Molly Ivins once described Texas...

…as the National Laboritory for Bad Legislation.

[MohRokTah]

9. That's a HUGE violation of the full faith and credit clause.

Texas is operating unconstitutionally. They MUST recognize both the name change AND the marriage.

United States Constitution

Article IV

Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

[SoapBox]

10. She should sue the state got a BAZILLION dollars!

Or whatever it take to get a win in this case.

[CaptainTruth]

12. They say everything is bigger in Texas ...

... the Stupid certainly is.

[NYC Liberal]

13. The more incidents like this, the more cases there are to

challenge these stupid laws. Just a matter of time now.

[Omaha Steve]

14. Same thing in NE posted back on Aug 4th

Kelly: Nebraska doesn't recognize her marriage — or even her name

http://www.democraticunderground.com/10025334462

[rpannier]

16. Small Government state strikes again nt

[redruddyred]

18. newsflash: this state sucks balls

haven't read thru the reactions, but I doubt that anyone's surprised.

[sakabatou]

25. These kinds of laws are so full of shit

[lobodons]

26. Voter Supressiom

Texas is committing voter suppression. Without ID refused by the state, this women is unable to vote. (If TX has voter ID)

[Dustlawyer]

29. Bingo! They know she will win and they will issue that license right after the election.

I was going to post the real reason but saw you beat me to it. The voter suppression is going nuts here as we get closer to turning blue. They are really worried about all of the Hispanic voters being registered and an increase in black voter turnout since Obama first ran.

It has gotten so crazy my ex-wife who is black and lives in a predominately black neighborhood legally changed her name back to her maiden name on her license and voter registration. She even voted in two different elections since. This year they mailed her voter registration card with my last name on it instead so it would not match her DL rendering her ineligable to vote. She caught it and had it corrected, but they had to intentionally change it back, no mistake on their part considering it had been fine for two years previous. Since most DA's and U.S. attorneys here are Republican there will be no prosecutions for this type of tampering.

[marble falls]

28. Texas really lays its dumbness and mean spiritedness out where all can see. I pray Wendy wins.

[Spitfire of ATJ]

31. This is what happens when the GOP acts like they OWN a state.

[McCamy Taylor]

32. Isn't her name on her Social Security card her legal name?

[roamer65]

36. She needs to take this one to court.

The state of TX will lose on this one...period.