BRIEF SUMMARY
               After the United States Supreme Court declined to review the decision of the U.S.
                  Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, holding that Virginia’s statutory ban on same-sex marriage was unconstitutional,
                  state officials in West Virginia agreed to abide by the Fourth Circuit’s mandate and
                  implement procedures for same-sex marriage as quickly as possible. Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014), cert. denied, ___ S. Ct. ___, 2014
               
               WL 4230092 (2014). Although there is no express statute for a name change after marriage
                  in West Virginia, same-sex couples can change their names in the same manner as opposite
                  sex-couples, which includes presenting a certified marriage certificate to the West
                  Virginia Department of Transportation to change their names on their drivers’ licenses.
                  Finally, West Virginia law does not provide for civil unions or domestic partnerships,
                  so there is no change in status or need to dissolve these unions or partnerships prior
                  to entering into a same-sex marriage.
               
               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.  
                           the date the State will begin issuing marriage licenses and certificates to same-sex
                              couples;
                            
 
 
- 
                     
                        2.  
                           whether the State permits parties to the same-sex marriage to change their names based
                              on the marriage;
                            
 
 
- 
                     
                        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.
                            
 
 
BACKGROUND
               After the United States Supreme Court declined to review the decision of the U.S.
                  Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, holding that Virginia’s statutory ban on same-sex marriage was unconstitutional,
                  state officials in West Virginia, which is also part of the Fourth Circuit’s jurisdiction,
                  agreed to abide by the Fourth Circuit’s mandate and implement procedures for same-sex
                  marriage as quickly as possible. Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014), cert. denied, ___ S. Ct. ___, 2014 WL 4230092 (2014).
               
               On October 9, 2014, the West Virginia Attorney General, Patrick Morrisey, issued the
                  following statement:
               
               On Oct. 6, 2014, the U.S. Supreme Court decided it would not take up the decision
                  by the U.S. Court of Appeals for the Fourth Circuit to set aside Virginia’s law regarding
                  same-sex marriage. By refusing to consider the appeal, the Supreme Court has caused
                  the Appeals Court's decision to become final and binding on West Virginia. While we
                  disagree with the Supreme Court’s decision to allow the Fourth Circuit’s opinion to
                  stand and believe it improperly displaces state and local decision-making, we will
                  respect it.
               
               As the state’s Attorney General, it is my duty to defend state laws that have been
                  passed by the state Legislature and are consistent with the Constitution. We have
                  discharged this duty faithfully. In the upcoming days, we will now seek to bring to
                  a close the pending litigation over West Virginia’s marriage laws, consistent with
                  the Fourth Circuit’s now-binding decision.
               
               As we have repeatedly indicated in our court filings, however, others not involved
                  in the litigation will be necessary to actually bring the State into compliance with
                  the Fourth Circuit’s decision. Neither the Attorney General nor the two named county
                  clerks have the power to change uniform state marriage forms and procedures. Only
                  the State Registrar may alter state marriage forms, and the Secretary of State’s Office
                  has authority over marriage celebrants and their ability to solemnize marriages. While
                  we will take steps to seek to end the litigation, the conclusion of the lawsuit cannot
                  and will not alone effectuate the Fourth Circuit’s mandate.
               
               http://www.ago.wv.gov/pressroom/2014/Pages/Attorney-General-Patrick-Morrisey-Says-His-Office-Will-Respect-U.S.-Supreme-Court-Decision.aspx (last visited Oct. 15, 2014)
               The Governor of West Virginia, Earl Ray Tomblin, also issued a statement on October
                  9, 2014 indicating that he would abide by these court rulings. Specifically, Governor
                  Tomblin stated:
               
               As the attorney general stated today, recent rulings by several federal courts, combined
                  with the refusal of the U.S. Supreme Court to hear this issue, make it clear that
                  laws banning same-sex marriage have been declared unconstitutional.
               
               I do not plan to take any actions that would seek to overturn the courts’ decisions.
                  West Virginia will uphold the law according to these rulings, and I have directed
                  state agencies to take appropriate action to make that possible….
               
               http://www.governor.wv.gov/media/pressreleases/2014/Pages/GOVERNOR-TOMBLIN-ISSUES-STATEMENT-REGARDING-SAME-SEX-MARRIAGE-IN-WEST-VIRGINIA.aspx (last visited Oct. 15, 2014). Our office has confirmed with the Cabell County Clerk,
                  that court clerks issued marriage licenses for same-sex couples as early as October
                  9, 2014 and that same-sex couples were married that same day. See also http://www.herald-dispatch.com/news/briefs/x1827256289/W-Va-AG-stops-defense-of-same-sex-marriage-ban (last visited Oct. 15, 2014); http://abcnews.go.com/US/wireStory/latest-developments-sex-marriage-26093426 (last visited Oct. 15, 2014) (indicating that marriages took place in Huntington
                  and Cabell County on that date). Notably, if the parties to the marriage are over
                  18 years of age, there is no waiting period. http://hancockcountywv.org/couclerkmarriage.html (last visited Oct. 15, 2014) http://www.berkeleycountycomm.org/officials/court-clerk.cfm (last visited Oct. 15, 2014). Cf W. Va. Code § 48-2-103 (2014) (providing a waiting period for applicants under 18
                  years of age).
               
               1) The date West Virginia will begin issuing marriage licenses and certificates to
                  same-sex couples. As explained above, West Virginia began issuing marriage licenses
                  on October 9, 2014, and marriage ceremonies took place that same day.
               
               2) Whether West Virginia permits parties to the same-sex marriage to change their
                  names based on the marriage.
               
               West Virginia permits the parties of a same-sex marriage to change their names in
                  the same manner as any other person changing their name due to marriage. Although
                  West Virginia has a civil process for a name change in which a party can petition
                  for a court-ordered name change pursuant to W. Va. Code § 48-25-101 (2014), these
                  formal procedures are not required for a name change following a marriage. West Virginia
                  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 that name changes after marriage can be performed and the
                  West Virginia Department of Transportation website indicates that a certified marriage
                  certificate can be submitted as proof of a legal name change, even though souvenir
                  documents or ministerial copies are not acceptable. http://www.transportation.wv.gov/dmv/drivers-licenses/pages/default.aspx (last visited Oct. 15, 2014). Furthermore, our office has confirmed with the Supervisor,
                  Drivers Licensing Department of the West Virginia Department of Transportation, that
                  the policy is to allow same-sex couples to change their names based on marriage in
                  the same manner as opposite-sex couples.
               
               3) Whether there is any change to the status of a prior or new civil union or domestic
                  partnership entered into in West Virginia. As West Virginia law does not provide for
                  civil unions or domestic partnerships, this question is inapplicable.
               
               4) Whether a prior entered civil union or domestic partnership must be dissolved before
                  entering into a same-sex marriage.
               
               West Virginia law does not provide for civil unions or domestic partnerships, so this
                  question is inapplicable.
               
               Nora R. Koch
               Acting Regional Chief Counsel 
 By: ________________
               
               Tara A. Czekaj 
 Assistant Regional Counsel