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I've thought about it. I'm not a lawyer but TX will loose this one. A legal document is a legal document for the purposes of identification, which is what is needed for a license. It doesn't have to be "recognized as a marriage", it only has to be used to show her name has been changed from what was on the original birth certificate and she is using her new name legally, and she is. If asking someone if their marriage was to the opposite sex or the same sex is a question they are asking everyone now, and that's the only thing standing in the way of them accepting IDENTIFICATION, they will loose. It's not even debatable. You can't prop up a law if a simple lie (ie: "Aimee is a man") or having a passport can circumvent it.
Still standing on the fact that someone from CA has had to have moved to TX and obtained a license with a name different than their BC and not because of marriage, but because of a "common use" name change. I've known so many people to do that with no legal paperwork filed.
No. When I have moved to different states, and have gone to get my new license, I can't just show them my old state's driver's license and call it a day. I still have to provide other paperwork, including birth certificate, etc.
In my case, it's easy because my last name is the same on all paperwork.
From what I understand, her CA driver's license did have her married last name on it, but when TX asked for her birth certificate, it showed her maiden name. At that point, one usually provides a marriage certificate, but in this case, the state of TX does not recognize same sex marriages. Therefore, according to them, that certificate from the state of CA is not "legal" in the state of TX. So, as has been said, at this point, she's trying to use an alias, not a legal name according to the state of TX, which she could have easily found out had she bothered to do any type of searching for information before she moved. It's right there on their website, and I'm sure there's a phone number to call if she had any questions.
Why SHOULD she or ANY american have to do that kind of research before they move to a new state? Isn't packing up all of your belongings and loved ones hard enough? As i pointed about before in a previous post, the DPS regs ONLY state that "a marriage license" is required to prove the new legal married name. I suppose she should have read between the lines and prepared herself for a backwards state experience. If the Texas regs don't want to recognize the same sex marriage licenses from other states for ID purposes, then they need to spell it out they will only allow out of marriage licenses from "heterosexuals only".
Why SHOULD she or ANY american have to do that kind of research before they move to a new state? Isn't packing up all of your belongings and loved ones hard enough? As i pointed about before in a previous post, the DPS regs ONLY state that "a marriage license" is required to prove the new legal married name. I suppose she should have read between the lines and prepared herself for a backwards state experience. If the Texas regs don't want to recognize the same sex marriage licenses from other states for ID purposes, then they need to spell it out they will only allow out of marriage licenses from "heterosexuals only".
Say what? Why SHOULD you do yourself the favor of researching everything you're going to need when you move?
Is that a serious question?
I don't even know how to respond to that because it's absurd to think that you shouldn't do any researching before you move.
I've moved multiple times to new states. I know exactly what it's like to move. Don't even give me that, "it's too hard to click my mouse button a few times, or pick up the phone if I have questions". Please.
Gawd, she can take her passport in, that'll work. Or, she can take a secondary document (her SS card for example) and two backup documents like her CA license, W2 and so on. Some people don't even have their marriage document, so they had to make other ways to get a TX drivers license. I don't know, but she may have run into a twit at the DMV in Katy. Just drive a few miles into Houston proper and go to the DMV, their mayor is gay. This isn't rocket science.
Why SHOULD she or ANY american have to do that kind of research before they move to a new state?
Because that's how America works. We have different states and those states have different laws. It's a fundamental part of America.
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Isn't packing up all of your belongings and loved ones hard enough?
That's irrelevant.
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As i pointed about before in a previous post, the DPS regs ONLY state that "a marriage license" is required to prove the new legal married name. I suppose she should have read between the lines and prepared herself for a backwards state experience.
Yes, she should have. If you know you're in a marriage that isn't legal is the state you're moving to, then you should check into what the ramifications might be of moving there. That's just common sense. Sorry that it offends your self righteous sense of moral superiority, but too bad for you. It was her own fault.
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If the Texas regs don't want to recognize the same sex marriage licenses from other states for ID purposes, then they need to spell it out they will only allow out of marriage licenses from "heterosexuals only".
No, they don't. If you're going to move somewhere that has different laws than where you came from, it's your job to comply with the new laws. You need to act like an adult and take responsibility for yourself and your actions.
NO, she is most definitely NOT "married". Not according to Texas, and many other places. Fulfill Texas law to legally get the Texas drivers license.
Okay. So if she marries a man in Texas after filing as legally married in California, without getting divorced first, is she breaking federal law by being a bigamist or is she not?
She's not seeing the recognition of her marriage in Texas. She's providing proof of name change in the form California indicates it and in the form Texas accepts.
Nope, not legal, valid nor accepted according to Texas law otherwise she would have her license by now.
No. When I have moved to different states, and have gone to get my new license, I can't just show them my old state's driver's license and call it a day. I still have to provide other paperwork, including birth certificate, etc.
When I moved to a new state I had to reapply for a new driver license in that state, even though I had moved from there with their valid driver license, take the written test (again) and pass it. Even though I got 100% on the previous state’s driver license exam I still had to complete and comply with the new state’s laws and regulations. The trooper even made me re-write the forms using a black pen as I had filled everything out with a blue pen. I was informed black ink was regulations so they could photocopy more legibly if needed and I had to turn in my previous states driver license even though I wanted to keep it as a souvenir.
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Originally Posted by Three Wolves In Snow
In my case, it's easy because my last name is the same on all paperwork.
From what I understand, her CA driver's license did have her married last name on it, but when TX asked for her birth certificate, it showed her maiden name. At that point, one usually provides a marriage certificate, but in this case, the state of TX does not recognize same sex marriages. Therefore, according to them, that certificate from the state of CA is not "legal" in the state of TX. So, as has been said, at this point, she's trying to use an alias, not a legal name according to the state of TX, which she could have easily found out had she bothered to do any type of searching for information before she moved. It's right there on their website, and I'm sure there's a phone number to call if she had any questions.
She very likely DID know this full well in advance and was hoping to push the issue and bully Texas into compliance with the homosexual agenda in the hoped for resulting bad press which has not materialized and is not likely to either.
She very likely DID know this full well in advance and was hoping to push the issue and bully Texas into compliance with the homosexual agenda in the hoped for resulting bad press which has not materialized and is not likely to either.
Yes, that's why she took her spouses's last name and then, later, moved to Texas.
By the way, I can't find anything in Texas law that really supports this decision. I'm not sure if the DPS agent was just being rogue (though possibly with the intent to comply with the law) or if they were instructed to handle these situations in this manner. Yes, DPS is now defending the agent, but who knows what they would have said about this before this incident.
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