Questions Presented
We are providing this advice in accordance with the Program Operations Manual System
(POMS) RM 10212.035, Evidence of a Name Change based on a U.S. Same-Sex Marriage. Section D of RM 10212.035 provides that when a State legalizes same-sex marriages, an opinion from the Regional
Chief Counsel should be obtained regarding the following information:
(1) whether the State permits parties to the same-sex marriage to change their names
based on the marriage;
(2) the date the State will begin issuing marriage licenses and certificates to same-sex
couples;
(3) any change to the status of a prior or new civil union or domestic partnership
entered into in the same State; and
(4) whether a prior entered civil union or domestic partnership must be dissolved
before entering into a same-sex marriage.
Brief Summary
The Religious Freedom and Civil Marriage Equality Amendment Act of 2009, effective
March 3, 2010, permits same-sex couples to marry in the District of Columbia beginning
March 9, 2010. The District of Columbia permits parties to a same-sex marriage to
change their names based upon the marriage in the same manner as any other person
changing their name by marriage. Previously registered domestic partnerships need
not be dissolved prior to marriage. Rather, a previously registered domestic partnership
would be dissolved by operation of law as of the date of the marriage. However, the
new legislation has removed the ability to register a new domestic partnership as
of January 1, 2011.
Discussion:
The Religious Freedom and Civil Marriage Equality Amendment Act of 2009 went into
effect on March 3, 2010.[1] As of that date, the District of Columbia began accepting marriage applications for
same-sex couples. By law, three full days must pass between when a marriage application
is filed and when a marriage license is issued. D.C. Code Ann. § 46-409 (2010). Therefore,
in light of the intervening weekend, the first day a marriage could have taken place
under the Religious Freedom and Civil Marriage Equality Amendment Act was March 9,
2010.
The District of Columbia permits parties of a same-sex marriage to change their names
based on the marriage in the same manner as any other person changing their name due
to marriage. Although the District of Columbia has a civil process for a name change
in which a party can petition for a court-ordered name change pursuant to D.C. Code
Ann. § 16-2501 (2010), these formal procedures are not required for a name change
following a marriage. The District of Columbia statutes do not specifically authorize
a name change following a marriage by merely using the married name and producing
a marriage license when required. Nevertheless, our office has confirmed with Phil
L~, the Deputy Director of Family Court, that this procedure is permitted and commonly
used in the District of Columbia. Mr. L~ indicated that name changes following a marriage
are routinely performed by changing one’s name with the various agencies and then
using the new name. Notably, however, for a name change on a District of Columbia
driver’s license due to marriage, the Department of Motor Vehicles requires that the
party change his or her name with the Social Security Administration first and then
provide documentation from SSA (either a new social security card or a printout reflecting
the name change) with a certified marriage certificate to perform a name change with
the DMV.[2] Mr. L~ also confirmed that a party to a same-sex marriage may change his or her name
based upon the marriage by usage as has been the practice for parties who marry persons
of the opposite sex.
The District of Columbia already had provisions in place to permit the registering
of domestic partnerships. Pursuant to the Health Care Benefits Expansion Act of 1992
(HCBEA), D.C. Code Ann. § 32-702, a same-sex couple could register a domestic partnership
that permitted all of the rights and responsibilities provided to spouses under District
of Columbia law. The Religious Freedom and Civil Marriage Equality Amendment Act amended
the HCBEA to remove the ability to register a new domestic partnership as of January
1, 2011.
In addition, the Religious Freedom and Civil Marriage Equality Amendment Act also
permits persons in a valid domestic partnership pursuant to the HCBEA to apply for
and receive a marriage license without being charged a fee provided that the parties
are eligible to marry pursuant to D.C. Code Ann. §§ 46-401, 402, 403. Significantly,
the domestic partnership will be dissolved by operation of law as of the date of the
marriage stated on the certificate obtained. Therefore, the parties need not dissolve
their domestic partnership prior to entering into a same-sex marriage.
Eric P. K~
Regional Chief Counsel
By: ____________
Tara A. C~
Assistant Regional Counsel