TN 54 (03-20)

PR 02712.037 North Dakota

A. CPM-19-202 North Dakota Same-Sex Marriage - Name Change Guidance (PL 16-01)

Date: January 22, 2019

1. Syllabus

Accept marriage documents issued to same-sex couples for marriages that took place on June 26, 2015, or later, by jurisdictions (town, county or State) in the State of North Dakota as evidence of a name change.

2. Opinion

QUESTION PRESENTED

North Dakota recognized same-sex marriage on June 26, 2015, and began issuing same-sex marriage licenses the same day. Should SSA accept marriage documents issued to same-sex couples in North Dakota as evidence of a name-change event?

SUMMARY

Yes. SSA should accept marriage documents issued to same-sex couples in North Dakota on June 26, 2015, and thereafter, as evidence of a name-change event.

BACKGROUND

In January 2015, a federal district court judge in North Dakota stayed two same-sex marriage cases pending the U.S. Supreme Court’s decision on same-sex marriage. See Ramsay v. Dalrymple, No. 3:14-cv-00057-RRE-ARS (D. N.D.) and Jorgensen v. Montplaisir, No. 3:14‑cv‑00058‑RRE‑ARS (D. N.D). On June 26, 2015, the United States Supreme Court held that same-sex couples may exercise the fundamental right to marry under the United States Constitution. See Obergefell v. Hodges, 576 U.S. ___, 135 S. Ct. 2584, 2604-05 (2015). The Court held State laws invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Id. at 2605. The Court also reasoned that having required all States to marry same-sex couples, “[i]t follows that the Court also must hold—and it now does hold—that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.” Id. at 2607-08. On June 29, 2015, based on the U.S. Supreme Court’s decision in Obergefell, the federal district court issued orders in Ramsay and Jorgensen, holding that North Dakota’s ban on same-sex marriage (see N.D. Const. art. XI § 28; North Dakota Cent. Code §§ 14-03-01, 14-03-08) was unconstitutional.

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, considerations for evaluating whether to accept same-sex marriage documents as evidence of a name change include:

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.

North Dakota began issuing same-sex marriage licenses on June 26, 2015. SSA should treat documents reflecting same-sex marriages that occurred in North Dakota on June 26, 2015, 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.

North Dakota permits name changes based on marriage. In general, North Dakota allows its residents to change their names for “proper and reasonable cause” by court order. See N.D. Cent. Code § 32‑28-02. Moreover, North Dakota statutes provide that a party may change his or her middle or last name based on marriage by including the proposed change on the marriage license application. See N.D. Cent. Code Ann. §§ 14-03-20.1(3) (surname), 14‑03‑20.2(1) (middle name); see also N.D. Cent. Code Ann. § 14-03-17 (“Each application for a marriage license must also contain a statement regarding surname options which is consistent with section 14-03-20.1). North Dakota also accepts marriage certificates as proof of a name change for the purpose of changing the name on an individual’s driver’s license. See N.D. Cent. Code Ann. §§ 14-03-20.1(6) (changing surname name through marriage license application process “is sufficient to meet the satisfactory evidence requirements” for a driver’s license), 14‑03‑20.2(2) (changing middle name through marriage license application process “is sufficient to meet the satisfactory evidence requirements” for a driver’s license); http://www.dot.nd.gov/divisions/driverslicense/addnamechange.htm (last visited December 26, 2018) (accepting marriage certificates as proof of name change); see also N.D. Cent. Code Ann. §§ 14-03-20.1(5) (“Neither the use nor the failure to use the option of selecting a new surname by means of a marriage license application . . . abrogates the right of either party to adopt a different surname through usage at a future date”). These rules do not specifically refer to same‑sex marriages. However, the court decision in Obergefell, Ramsay, and Jorgensen hold that there can be no legal distinction between same‑sex married couples and opposite-sex married couples with respect to marriage. Therefore, SSA should accept same-sex marriage documents issued in North Dakota on June 26, 2015, and thereafter as evidence of a name-change event.

3. Any change to the status of prior or new civil union or domestic partnership entered into in the same State.

Because North Dakota has never had a law authorizing or recognizing civil unions or domestic partnerships, this question is inapplicable.

4. Whether a prior entered civil union and domestic partnership must be dissolved before entering into a same-sex marriage.

Because North Dakota began allowing same-sex marriage by virtue of judicial action, it has not been established whether a prior civil union (from another state) must be dissolved before entering into a same-sex marriage in North Dakota. We will update this opinion if the issue is settled by legislation or a court decision. In the meantime, if you become aware of a case involving a same-sex marriage where a party to the marriage entered a civil union with someone else (not a party to the marriage) and the civil union was not dissolved, refer the case to the Regional Office for a legal opinion from the Office of the Regional Chief Counsel.

CONCLUSION

SSA should accept North Dakota same-sex marriage documents issued on June 26, 2015, and thereafter, as evidence of a name-change event.

Chief Counsel, Region VIII

Assistant Regional Counsel

 

 

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1502712037
PR 02712.037 - North Dakota - 03/10/2020
Batch run: 03/10/2020
Rev:03/10/2020