Questions Presented
Utah issued same-sex marriage licenses between December 20, 2013, and January 6, 2014,
and again beginning October 6, 2014. Should SSA accept marriage documents reflecting
that a same-sex marriage occurred during these time periods as evidence of a name
change event?
Short Answer
Yes. SSA should accept marriage documents reflecting that a Utah same-sex marriage
occurred between December 20, 2013, and January 6, 2014, as evidence of a name change
event. SSA should also accept marriage documents reflecting that a Utah same-sex
marriage occurred on October 6, 2014, and thereafter, as evidence of a name change
event.
Background
On December 20, 2013, the United States District Court for the District of Utah issued
a decision holding that Utah’s ban on same-sex marriage was unconstitutional. See Kitchen v. Herbert, 961 F.Supp. 2d 1181 (D. Utah 2013) (finding Utah Constitution, Art. 1, § 29 and
Utah Code Ann. §§ 30-1-2, 30-1-4.1 unconstitutional)). From the date of this decision,
and until January 6, 2014, when the United States Supreme Court stayed implementation
of the decision pending appeal, Utah permitted samesex couples to marry. On January
10, 2014, United States Attorney General Eric Holder announced that the federal government
would recognize as lawful the samesex marriages performed in Utah between December
20, 2013, and January 6, 2014. See Statement by Attorney General Eric Holder on Federal Recognition of Same-Sex Marriages
in Utah, United States Dep’t of Justice, Justice News, http://www.justice.gov/opa/pr/2014/January/14-ag-031.html (last visited September 18, 2014). Several months later, the Tenth Circuit Court
of Appeals affirmed the Utah District Court’s finding that Utah’s samesex marriage
ban was unconstitutional, but imposed a stay pending further appeal. See Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014). On October 6, 2014, the United States Supreme Court
declined to hear the appeal, letting stand the Tenth Circuit’s decision that Utah’s
ban on same-sex marriage was unconstitutional. The same day, the Tenth Circuit lifted
the previously imposed stay and Utah started issuing same-sex marriage licenses.
In addition, on May 19, 2014, the United States District Court for the District of
Utah ruled in a separate case that Utah must recognize same-sex marriages solemnized
between December 20, 2013, and January 6, 2014. See Evans v. Utah, 21 F.Supp. 3d 1192 (D. Utah 2014). The United States Supreme Court later stayed
implementation of that decision pending the state’s appeal to the Tenth Circuit. See Herbert v. Evans, 135 S.Ct. 16 (2014). However, following the United States Supreme Court’s action
on October 6, 2014, the state voluntarily dismissed its appeal as moot.
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.” [1] 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 a same-sex marriage.
-
1.
The date the State will begin issuing marriage licenses and certificates to same-sex
couples.
Pursuant to Kitchen v. Herbert, 961 F.Supp. 2d 1181 (D. Utah 2013), Utah issued same-sex marriage licenses between
December 20, 2013, and January 6, 2014, and beginning again on October 6, 2014. The
Attorney General declared the Utah marriages that occurred between December 20, 2014,
and January 6, 2014, would be “recognized as lawful” for purposes of federal law. And
in Evans v. Utah, the district court held that the marriages occurring between these dates must be
recognized. In light of these events, SSA should treat as valid same-sex marriages
that occurred in Utah between December 20, 2013 and January 6, 2014, for the purpose
of establishing a name-change event. Likewise, in light of the now controlling federal
court decision in Kitchen v. Herbert, SSA should also treat same-sex marriages that occurred in Utah on October 6, 2014,
and thereafter as valid for purposes of establishing a name-change event. [2]
-
2.
Whether the State permits parties to the same-sex marriage to change their names based
on the marriage.
Utah permits parties to change their names based on marriage. In general, Utah allows
an individual to change his or her name as long the individual meets a residency requirement
and the name change is not being sought for a “wrongful or fraudulent purpose.” See Utah Code Ann. §§ 42-1-1, 42-1-2; In re Cruchelow, 926 P.2d 833, 834 (Utah 1996); In re Porter, 31 P.3d 519, 521 (Utah 2001). With regard to whether marriage documents support
a request for a name change, the Utah marriage statutes do not specifically address
this issue. See Utah Code Ann. §§ 30-1-1, et. al. However, Utah law does provide that a marriage certificate
is sufficient proof of identity to change an individual’s name on his or her driver’s
license. See Utah Code Ann. § 53-3-216(2)(a). Although this law does not specifically refer to
same-sex marriages, the court decisions in Kitchen v. Herbert and Evans v. Utah hold that there can be no legal distinction between same sex married couples and opposite-sex
married couples with respect to marriage under Utah law. Therefore, SSA should accept,
as evidence of a name-change event, marriage documents reflecting that a same-sex
marriage occurred in Utah between December 20, 2014, and January 6, 2014, or on October
6, 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 Utah 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 a same-sex marriage.
Because Utah has never had a law authorizing or recognizing civil unions or domestic
partnerships, this question is inapplicable.
Conclusion
SSA should accept Utah marriage documents reflecting that a same-sex marriage occurred
between December 20, 2013, and January 6, 2014, and on October 6, 2014, and thereafter
as evidence of a name change event.
John J. Lee
Regional Chief Counsel, Region VIII
By__________
Alexess Rea
Assistant Regional Counsel