QUESTION PRESENTED
Some jurisdictions in Missouri began issuing same-sex marriage licenses on June 25,
2014. Should SSA accept marriage documents issued to same-sex couples in Missouri
on June 25, 2014, and thereafter, as evidence of a name-change event?
SUMMARY
Yes. SSA should accept marriage documents issued in Missouri on June 25, 2014, and
thereafter, to same-sex couples, as evidence of a name-change event.
BACKGROUND
Article I, Section 33 of the Missouri Constitution provided that “a marriage shall
exist only between a man and a woman.” See also Mo. Ann. Stat. § 451.022 (“It is the public policy of this state to recognize marriage
only between a man and a woman”, and no Recorder of Deeds “shall issue a marriage
license, except to a man and a woman.”). On June 26, 2015, the United States Supreme
Court held that “the right to marry is a fundamental right inherent in the liberty
of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth
Amendment couples of the same-sex may not be deprived of that right and that liberty.”
Obergefell v. Hodges, 576 U.S. --, 135 S.Ct. 2584, 2604, -- L.Ed.2d --, 2015 WL 2473451 (2015). Thus,
by issuing this decision on June 26, 2015, the Court invalidated Missouri’s state
constitutional amendment and statute prohibiting the issuance of marriage licenses
to same-sex couples.
Several counties began immediately issuing same-sex marriage licenses on June 26,
2015. See Alisa Nelson, Missouri counties issuing same-sex marriage licenses, Missourinet.com, available at http://www.missourinet.com/2015/06/26/missouri-counties-issuing-same-sex-marriage-licenses/ (last visited on Sept. 1, 2015). On July 7, 2015, the Missouri Governor issued Executive
Order 15-04, requiring all state departments and agencies, and also all counties,
municipalities, and other political subdivisions to take immediate and all necessary
measures in compliance with the Obergefell decision. See Office of Missouri Governor Jay Nixon, Exec. Order 15-04 (July 7, 2015), available
at https://governor.mo.gov/news/executive-orders/executive-order-15-04 (last visited on Sept. 1, 2015).
Before Missouri’s constitutional and statutory provisions were invalidated by the
Obergefell decision, three jurisdictions issued marriage licenses to same-sex couples.
In particular, the City of St. Louis began issuing licenses to same-sex couples on
June 25, 2014. See The City of St. Louis News Release, City of St. Louis Issued Marriage Licenses to
Same-Sex Couples (June 26, 2014), available at https://www.stlouis-mo.gov/government/departments/mayor/news/marriage-licenses-to-same-sex-couples.cfm. The County of St. Louis began issuing licenses on November 6, 2014. See Statement of St. Louis County (Nov. 6, 2014), available at http://stlouisco.com/Community/News/Article/925/St-Louis-County-Complies-with-Ruling-on-Gay-Marriage-Ban-Is-Issuing-Marriage-Li. On November 7, 2014, the Jackson County Recorder of Deeds also began issuing licenses
to same-sex couples. See Jackson County Office of Public Information News Release, Same-sex marriage licenses
to be issued in Jackson County (Nov. 7, 2014), available at http://www.jacksongov.org/content/3275/3615/9834/10419.aspx. The state of Missouri, through Peter Lyskowski, advised the agency that it recognizes
as valid the marriage licenses issued to same-sex couples in these jurisdictions dating
back to June 25, 2014.
ANALYSIS
For SSA to process a name change, the applicant must submit evidence of: (1) a name-change
event; (2) the new name; and (3) the number holder’s identity as shown on the latest
Numident record. See Program Operations Manual System (POMS) RM 10212.015. This opinion focuses only on the first evidentiary requirement: the name-change
event. The POMS recognizes that marriages are name-change events. See POMS RM 10212.010. Moreover, SSA policy requires the agency to accept same-sex marriage documents validly
issued by a state that permits ceremonial same-sex marriage as evidence of a name
change. See POMS RM 10212.035.
Pursuant to Section D of POMS RM 10212.035, when a state legalizes same-sex marriage, the Regional Office should obtain a legal
opinion from the Regional Chief Counsel requesting the following information, which
we discuss below:
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 prior or new civil union or domestic partnership entered
into in the same State; and
4. Whether a prior entered civil union and domestic partnership must be dissolved
before entering into a same-sex marriage.
1. The date the State will begin issuing marriage licenses and certificates to same-sex
couples.
Some jurisdictions in Missouri began issuing same-sex marriage licenses as early as
June 25, 2014. The state of Missouri recognizes same-sex marriages solemnized in Missouri
beginning on June 25, 2014, and thereafter, as valid. Therefore, SSA should treat
documents reflecting same-sex marriages that occurred in Missouri on June 25, 2014,
and thereafter, as valid for purposes of establishing a name-change event.
2. Whether the State permits parties to the same-sex marriage to change their names
based on the marriage.
Missouri permits name changes based on marriage. Missouri recognizes both common-law
and statutory methods of changing one’s name. “Under the common law, the change of
name is accomplished by usage or habit, and under the statutory method, the change
is accomplished by court order and public record. The primary difference between the
two methods is, therefore, the speed and certainty of the change of name under the
statutory procedure.” See Matter of Natale, 527 S.W.2d 402, 405 (Mo. Ct. App. 1975). Thus, following marriage, a person may
change his or her name under common law by the usage of the desired new name. See id. at 404. (The common-law right to change one’s name “was never limited to males;
indeed, it was through this common law method that a woman changed her surname to
that of her husband after marriage.”); see also Neal v. Neal, 941 S.W.2d 501, 502-03 (Mo. 1997) (en banc) (affirming Natale).
By statute, a person may petition the circuit court in the county of his or her residence
for a name change. See Mo. Ann. Stat. § 527.270. Public records, such as various licenses, may be amended
by presenting proof of name change. See, e.g., Mo. Ann. Stat. § 302.735 (directing commercial driver’s license holders to file an
application for a duplicate license upon name change); id. at § 571.104 (furnish proof
of name change for concealed carry permit within 30 days of name change). A marriage
certificate is acceptable proof of a name change. See Mo. Code Regs. Ann. tit. 12, § 10-24.448 (marriage certificate as proof of name change
for driver or non-driver license); Missouri Dep’t of Rev., How do I change my name
when I get married? (directing Missouri residents to present a certified marriage
certificate, updated social security card, or court order to the driver license office
for a change of name on a driver license), available at http://dor.mo.gov/howdoi/married.php (last visited on Sept. 1, 2015).
Laws relating to furnishing proof of marriage and petitioning for a name change, as
well as case law discussing name change by common law, are gender neutral and do not
distinguish between same-sex and opposite-sex spouses. Further, based on Obergefell, there can be no distinction in name change procedures between same-sex and opposite-sex
marriage. Therefore, SSA should accept same-sex marriage documents issued in Missouri,
on June 25, 2014, and thereafter, as evidence of a name change.
3. Any change to the status of prior or new civil union or domestic partnership entered
into in the same State.
Because the state of Missouri never authorized or recognized civil unions or domestic
partnerships, this question is irrelevant.
4. Whether a prior entered civil union and domestic partnership must be dissolved
before entering into a same-sex marriage.
As noted above, because the state of Missouri never authorized or recognized civil
unions or domestic partnerships, this question is irrelevant.
CONCLUSION
SSA should accept same-sex marriage documents issued in Missouri on June 25, 2014,
and thereafter, as evidence of a name-change event.
Kristi A. Schmidt
Chief Counsel, Region VII
By: Ellie Dorothy
Assistant Regional Counsel