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If the document she is submitting for a name change is a marriage license based on a same-sex marriage, it does.
If she had another type of document with the legal name change, you'd be right.
She had THE documentation that the State of California issues for such a thing.
She also had the fruits of her legal name change - a California driver's license with her new legal name on it, her Social Security card with her new legal name on it, her tax returns filed under her new legal name, etc, etc, etc.
Were I the governor of California, I'd issue a statement that as a matter of reciprocation, California no longer will recognize official change of name documentation from the State of Texas, and that if Texans moving to California who have in the past changed their last names want driver's licenses, they have to petition the California courts for permission.
She had THE documentation that the State of California issues for such a thing.
She also had the fruits of her legal name change - a California driver's license with her new legal name on it, her Social Security card with her new name on it, her tax returns filed under her new legal name, etc, etc, etc.
Were I the governor of California, I'd issue a statement that as a matter of reciprocation, California no longer will recognize official change of name documentation from the State of Texas, and that if Texans moving to California who have in the past changed their last names want driver's licenses, they have to petition the California courts for permission.
And would you do that for the other 31 states that also don't recognize same sex marriage ?
Sorry but the majority of states do not recognize same sex marriage and most do not grant same sex divorce.
Actually, she can sue, and should. What part of "Texas law does not matter" are you unable to comprehend? The US Constitution supersedes State laws, even federal laws.
Marriage is a public act, and all public acts by one State must be recognized by every other State. Texas has absolutely no choice in the matter as long as they are part of the Union. Now if Texas secedes from the Union, they can do whatever they want. But as long as they are part of the United States of America, they will abide by the US Constitution or pay the consequences.
There is no section of the US Constitition which says that states must recognize out of state marriages.
States will USUALLY recognize out of state marriages, like common law marriages but they dont have to..
That also violates the Full Faith & Credit Clause of the US Constitution, for the exact same reason. When a State issues a driver's license, marriage certificate, or concealed carry permit, or any other legal public document, they are public acts. All public acts that are legal in one State must be recognized by every other State even if other States have laws against them, without exception.
Well obviously many states don't follow that law that you speak of.
You might want to contact the AG in all these states.
Also let Holder know about the law you speak of so he can use his fist of justice on them.
That also violates the Full Faith & Credit Clause of the US Constitution, for the exact same reason. When a State issues a driver's license, marriage certificate, or concealed carry permit, or any other legal public document, they are public acts. All public acts that are legal in one State must be recognized by every other State even if other States have laws against them, without exception.
That is complete bull ****.
For example, when state A issues a concealed carry permit, other states do not have to recognize it..
I know of no other instances where a state has refused to recognize a legal change of name issued by another state. Do you?
I just posted 2 examples..Florida 2012 and Nebraska 2014.
Try google and you'll get examples.
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