Tuesday, August 21, 2007

Same Sex Marriage Social Security Name Change Recognized

According to a memo posted in the Program Operations Manual online, people who are married in a same-sex civil union in New Jersey may legally implement a social security name change, without incurring the costs of a court ordered name change:

You asked us to determine whether an individual who enters into a civil union in the State of New Jersey may legally change his or her name based solely upon the civil union event or whether a court order is required to effectuate the proposed name change. Recently enacted New Jersey legislation legalizing civil unions specifically allows for the right to change surnames based upon a civil union event without a court order. Accordingly, an individual who enters a civil union in the State of New Jersey may legally change his or her name without a court order.

By way of background, the New Jersey Supreme Court noted in Lewis v. Harris that “without the benefits of marriage, some plaintiffs have had to endure the expensive and time-consuming process of . . .legal surname changes.” ... The Court mandated that New Jersey legislature either amend the marriage statute to include same-sex couples, or create a separate statutory structure, such as a civil union. Id. at 457, 221.

No comments: