QUESTION PRESENTED
Wyoming began issuing same-sex marriage licenses beginning October 21, 2014. Should
SSA accept marriage documents issued to same-sex couples in Wyoming as evidence of
a name-change event?
SHORT ANSWER
Yes. SSA should accept marriage documents issued to same-sex couples in Wyoming on
October 21, 2014, and thereafter, as evidence of a name-change event.
BACKGROUND
On June 25 and July 18, 2014, respectively, the Tenth Circuit Court of Appeals affirmed
district court decisions finding that Utah’s and Oklahoma’s bans on same-sex marriage
were unconstitutional. See Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) (Utah); Bishop v. United States, 760 F.3d 1070 (10th Cir. 2014) (Oklahoma). The court imposed stays in both cases
pending appeal. On October 6, 2014, the United States Supreme Court declined to hear
either appeal, letting stand the Tenth Circuit’s decisions that Utah’s and Oklahoma’s
bans on same-sex marriage were unconstitutional.
Based in large part on these developments, on October 17, 2014, the Wyoming District
Court held that Wyoming’s ban on same-sex marriage was unconstitutional. See Guzzo v. Mead, 2014 WL 5317797 (D. Wyo. Oct. 17, 2014). The court imposed a stay pending appeal.
However, on October 21, 2014, the State notified the court that it would not appeal,
allowing clerks to begin issuing samesex marriage licenses that same day.
DISCUSSION
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 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 SSA to “[a]ccept same-sex marriage documents validly
issued by a U.S. state, which permits ceremonial same-sex marriage as evidence of
a name change.” 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.
any change to the status of prior or new civil union or domestic partnership entered
into in the same State; and
-
3.
whether the State permits parties to the same-sex marriage to change their names based
on the marriage;
-
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.
Wyoming began allowing same-sex marriage licenses to be issued on October 21, 2014.
SSA should treat documents reflecting same-sex marriages that occurred in Wyoming
on October 21, 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.
Wyoming permits parties to change their names based on marriage. In general, Wyoming
allows an individual to change his or her name as long as the individual follows residency
requirements and the name change is “not detrimental to the interests of any other
person.” See Wyo. Stat. Ann. §§ 1-25-101. With regard to whether marriage documents support a
request for a name change, the Wyoming marriage statutes do not expressly address
this issue. See Wyo. Stat. Ann. §§ 20-1-101, et. al. However, Wyoming does accept marriage certificates as proof of a name change for
the purpose of changing the name on an individual’s driver’s license. [1] See Wyoming Rules and Regulations, Department of Transportation, Motor Vehicles and Licensing,
ch. 1 § 5(a), available in Westlaw by searching WY ADC TRAN MVL Ch. 1 s 5; Wyoming Dep’t of Trans., Real ID Document Requirements,
Proof of Name Change, available at http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Driver_Services/Help%20Documents%20and%20Manuals/REAL%20ID%20DOCUMENT%20REQUIRMENTS%20092413.pdf (last visited October 24, 2014); see also generally, Wyo. Stat. Ann. § 31-7-111. These rules do not specifically refer to same-sex marriages.
However, the court decisions in Kitchen v. Herbert, Bishop v. United States, and Guzzo v. Mead 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
as evidence of a name-change event same-sex marriage documents issued in Wyoming on
October 21, 2014, and thereafter.
-
3.
Any change to the status of prior or new civil union or domestic partnership entered
into in the same State.
Because Wyoming 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 Wyoming has never had a law authorizing or recognizing civil unions or domestic
partnerships, this question is inapplicable.
CONCLUSION
SSA should accept Wyoming same-sex marriage documents issued on October 21, 2014,
and thereafter, as evidence of a name-change event.
John Jay Lee
Regional Chief Counsel,
Region VIII
By: __________
Alexess Rea