Wherein I go on a showdown with the DMV

[smileyeagle1021]

I think I'll let my email to them be what I start with.

I am very interested to know when the DMV intends to start obeying federal law. I have confirmed, multiple times, with the social security administration that with the repeal of DOMA that all I need to update my license is a valid marriage license from a state that will issue it and my updated information from Social Security. Now, I already know you are going to reply with some line of bull that the state constitution doesn't allow it, I would like to remind any of you with at least a middle school education (7th grade is when I learned about the US Constitution in the Washoe County School District), that the US Constitution states "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding." Whatever the repeal of DOMA means for the rest of the state's laws regarding same sex marriage, that one long run on sentence does indicate that if the federal government says my name has been changed by the great (definitely greater than Nevada) state of California, then Nevada must recognize it also. I would much appreciate a response as to how my legal proof of name change, recognized by the federal government, cannot be recognized by the DMV, preferably in a way that doesn't violate the supremacy clause (which I personally doubt is possible, but hey, I'm sure that the state knows how they are getting away with it).

Yup, despite having a legal name change, they are refusing to update my license. I really want to see how they respond in a way that isn't a blatant confession to violating the supremacy clause.

[Rapscallion]

I'd really like to see them back down quickly on this. Good luck!

Rapscallion

[Nekojin]

Full Faith & Credit should apply, yes. I had a couple of cousins who decided to get married to each other. My mom urged them to get married while they were visiting in Cali, because they couldn't get married in their resident state of either Georgia or Mississippi (I forget which), and if they got married here, their home state didn't have any right to take any action OTHER than acknowledge its legality.

The same should apply here.

And congratulations on the wedding, by the way.

[HYHYBT]

It wouldn't be Georgia, which is fine with cousins marrying so long as their private parts are dissimilar.

As for Smiley... I understand why they won't recognize the marriage, but there's no rational reason to stop you from changing your name. It's not all *that* uncommon even without getting married.

[gremcint]

I have nothing to say but "go get them"

[SkullKing]

Congratulation on your wedding, and good luck with the DMV.

[LewisLegion]

Even though it will be at least a year and a half, and more likely two, before my girl and I get married and have to worry about getting her immigrated, I'm still wary about the whole process. I fortuantely live in a marriage equality state, but I'm still intending to get a lawyer on my side just in case.

[smileyeagle1021]

Giving the DMV a limited matter of credit... this isn't just a marriage equality question... something I learned while talking with a county clerk about doing a legal name change through the courts as a fallback plan (it sucks, but at times you simply have to do what you have to do) that the state of Nevada has no procedure for a husband to change his name with marriage... only the woman may change her name in a marriage. This is just as much about gender as orientation... there is no precedent for a man to be changing his name.

[Andara Bledin]

I don't understand why the state even makes any distinction over what gender the party changing their name happens to be. The only relevant issues are Marriage and Name Change.

I used to know someone, a guy, who changed his name to something utterly ridiculous (it included Raistlin Majere) just because he thought it was cool, and California didn't care so long as he filled out the paperwork and paid the fee.

It seems to me that Nevada isn't much different. You first have to go through the SS office and get your SS# attached to the new name, then you take all of that and your license over to the DMV and go through much the same process with them.

[smileyeagle1021]

Personally, I think that it has more to do with any excuse to get people to pay an extra $260 to file for a legal name change with the court rather than having it included in the marriage license... why do for free* what you can charge outrageous fees for.
*Yes, I know that marriage licenses aren't free, but the name change is traditionally included in the cost rather than being extra.

[Titi]

You hit the nail on the head Smiley. I saw on Dateline about a couple who had their wedding in Puerto Rico, and came back to Nevada (where they lived) to be told that the wife would have to pay to get her named changed on her license due to the fact that they did not get married in Nevada and they only accept Nevada marriage licences. The wife even said that it was easier to get married in Las Vegas then it was to get her named changed on her license. She was still fighting to get it at the end of the show.