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No, they didn't accept her CA marriage license as proof of change of name (which is all it was being provided for). They would have accepted her CA marriage license as proof of name change had she been straight, but because she's gay, they didn't accept it.
And no, in Texas a SS card or out of state license cannot be your supporting documentation of a name change. Only marriage certificates, divorce decrees, spouse's death certificate, or certified court orders can be.
NO, she can have one secondary and two supporting documents; (she says she had them with her) it
Secondary identity documents include: ##Original or certified copy of a birth certificate issued by a State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, the District of Columbia or a Canadian province
##For U.S. citizens born abroad—Certificate of Report of Birth (DS-1350 or FS-545) or Consular Report of Birth (FS-240) issued by the U.S. Department of State
##Original or certified copy of a court order with name and date of birth indicating a name and/or gender change from a U.S. state, U.S. territory, the District of Columbia or a Canadian province
Supporting Identity Documents include;
Individuals who do not have a primary document or two secondary documents can provide one secondary document (from the list above) and two supporting documents.
Supporting identity documents include: ##Social security card
##Form W-2 or 1099 ##Driver license or ID card issued by another U.S. state, U.S. territory, the District of Columbia or Canadian province (unexpired or expired less than two years)*
##Texas driver license or ID card
etc
NO, she can have one secondary and two supporting documents; (she says she had them with her) it
Secondary identity documents include: ##Original or certified copy of a birth certificate issued by a State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, the District of Columbia or a Canadian province
##For U.S. citizens born abroad—Certificate of Report of Birth (DS-1350 or FS-545) or Consular Report of Birth (FS-240) issued by the U.S. Department of State
##Original or certified copy of a court order with name and date of birth indicating a name and/or gender change from a U.S. state, U.S. territory, the District of Columbia or a Canadian province
Supporting Identity Documents include;
Individuals who do not have a primary document or two secondary documents can provide one secondary document (from the list above) and two supporting documents.
Supporting identity documents include: ##Social security card
##Form W-2 or 1099 ##Driver license or ID card issued by another U.S. state, U.S. territory, the District of Columbia or Canadian province (unexpired or expired less than two years)*
##Texas driver license or ID card
etc
And if the Birth Certificate has a different last name than your supporting documents (like it would be for many married women), you have to support the Birth Certificate with a supporting document showing that you legally changed your last name (this is a DIFFERENT requirement than the 2 required supporting documents you're talking about). To support the name change, you must use a marriage certificate, divorce decree, spouse's death certificate, or certified court order. Texas doesn't let you use an out of state ID or a SS card as supporting evidence for your name change.
This woman gave the proper supporting documentation - her marriage certificate showing that the State of California issued her a legal name change. Texas refused to take that document because she's gay. As such, she was not allowed to use her Birth Certificate as a secondary document at all.
Last edited by hammertime33; 09-21-2014 at 07:56 PM..
Carnie Wilson married her wife in California and legally took her wife's last name. She, her wife, and their children recently moved to Texas. The good state of Texas now refuses to give her a driver's license because all of the required identity documents have her legal name on it, but the Texas DMV refuses to acknowledge her legal name since the change came about part and parcel to marrying a woman to a woman.
Way to go Texas, deny a person a driver's licence - in other words deny a person the use of the roadways, the ability to buy alcohol, the ability to travel by airplane, etc, etc, etc - simply because that person is gay.
I think this is to the point where the federal government (SCOTUS) needs to get involved...
Thank you. I'm not sure how I missed this. Not to take this off topic but I wonder why other gay couples are not taking this to the courts as it's the government treating certain citizens in a way they are not treating others.
You still haven't explained why she should have to jump through extra hoops and pay extra money and hope she doesn't get some bigot for a judge.
The state of Texas isn't being asked to recognize her marriage; it's being asked to recognize her legal name. They won't do it because they don't like the reason her name is what it is.
The document they are using to try to demand the State recognize her name, is not a legal document recognized in TEXAS. To recognize the document in Texas, would go against Texas statute and recognize gay marriage.
They can always go back to California, and change the name on her existing license. Then come back to Texas and submit the California drivers license, to the TXDPS and it goes rather smoothly. But the State of Texas cannot do it with the documents she is presenting to demand it be changed. It is an alias, and illegal to issue a drivers license in an alias.
How long has the gay couple been married before they headed to Texas? Long enough to change their name on her California license?
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