TN 17 (08-13)

PR 02712.044 Rhode Island

A. PR 13-099 Opinion on the Acceptability of Rhode Island Same-Sex Marriage Documents for the Purposes of Enumeration Name Changes  

DATE: July 9, 2013

1. SYLLABUS

Accept marriage documents issued to same-sex couples for marriages that took place August 1, 2013 or later by jurisdictions (town, county or State) in Rhode Island as evidence of a name change.  The Act Relating to Domestic Relations-Persons Eligible to Marry legislation in effect August 1, 2013 permits same-sex couples to marry in Rhode Island beginning August 1, 2013 and 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.  The new legislation has removed the ability to register a new Civil Union as of August 1, 2013.

2. OPINION

OPINION:

Question Presented

This memorandum is in response to your request for an opinion as to whether a Rhode Island marriage certificate from a same-sex marriage may be used as proof of a name change.  In accordance with RM 10212.035D, we have also researched the following:

  • whether Rhode Island will permit parties to the same-sex marriage to change their names based on the marriage;

  • the date Rhode Island will begin issuing marriage licenses and certificates to same-sex couples;

  • any change to the status of prior or new civil unions or domestic partnerships entered into in Rhode Island; and

  • whether a prior entered civil union or domestic partnership must be dissolved before entering a same-sex marriage.

Short Answer

As explained below, a Rhode Island marriage certificate from a same-sex marriage may be used as proof of a legal name change. On August 1, 2013, Rhode Island will begin issuing marriage licenses to same-sex couples, and thereafter will record same-sex marriage certificates without delay. The new law does not disturb prior civil unions except upon action by the parties, who may apply to have their civil union converted to a same-sex marriage.  Beginning August 1, 2013, no new civil unions will be created. 

Analysis

  1.  Rhode Island will begin issuing same-sex marriage licenses on August 1, 2013.

On May 2, 2013, the Governor of Rhode Island signed into law legislation enacted by the Rhode Island General Assembly recognizing same-sex marriage. The law, entitled “An Act Relating to Domestic Relations – Persons Eligible to Marry,” takes effect on August 1, 2013. See 2013 R.I. Pub. Laws, ch. 004, Bill No. H 5015B. It directs town and city clerks to begin issuing marriage licenses to any persons, regardless of gender, who are otherwise eligible to marry. Id.  There is no mandatory waiting period in Rhode Island from the time the marriage license is issued to the time the marriage is solemnized; therefore, Rhode Island may begin recording valid same-sex marriage certificates as of August 1, 2013.  See R.I. Gen. Laws § 15-3-12.

  1.  Parties to same-sex marriages in Rhode Island are free to change their names upon marriage, and a Rhode Island same-sex marriage certificate may be used as proof of a name change.

Rhode Island follows the common law with respect to name changes, under which a person may lawfully change his or her name without resort to any legal proceedings as long as it is not made for fraudulent purpose.  Traugott v. Petit, 404 A.2d 77, 78-79 (R.I. 1979). Predating the new same-sex marriage law, opposite-sex couples have been able to change their names by designating such change on the marriage license and certificate, and the agency has accepted such certificates as evidence of name change. See POMS RM 10212.025; cf. R.I. Code R. § 31-1-29:26.3.  The same-sex marriage law provides the same rights to same-sex couples and does not distinguish between the form and contents of marriage licenses or certificates for same-sex couples. See 2013 R.I. Pub. Laws, ch. 004, Bill No. H 5015B.  Accordingly, Rhode Island will permit parties to a same-sex marriage to change their names based on the marriage and the same-sex marriage certificate will serve as sufficient proof of such change.

  1. Prior civil unions will not be disturbed except by action of the parties to convert the civil unions to marriages. No new civil unions will be created.

The same-sex marriage law does not automatically terminate or otherwise disturb prior civil unions without action by the parties.  Beginning August 1, 2013, parties to a prior civil union may convert their civil union t