October 10, 2012. Rock Hill Herald. It shouldn’t take a lawsuit to establish the right of a man who takes his wife’s last name after they are married to get a new driver’s license.
Apparently, in South Carolina, men who adopt a hyphenated last name adding their wife’s name to their own after getting hitched can’t just walk into the Department of Motor Vehicles and get a driver’s license featuring the new name. And now, the American Civil Liberties Union is threatening to take action if the DMV doesn’t change its policy and instruct its employees to treat men the same as women on the issue of married names.
The ACLU has taken on the case of Jason Scott Clary Baize, of Travelers Rest, who took his wife’s name after the couple married in June. He brought a new Social Security card with his changed name and his marriage license to the DMV office in Greenville but was denied a new license by workers there.
He had the same proof women are required to provide when they want to change their licenses after taking their husband’s last name. But the DMV said Baize needed to get a court order to change his name, which would cost at least $150, according to ACLU officials.
Ironically, the state law requiring people to notify the DMV of name or address changes within 10 days uses the male pronoun “him.” And the form used to change a name, as well as all information on the DMV website about changing a name after a marriage, does not mention gender.
In fact, the whole issue could be resolved if DMV workers were to ignore gender altogether and treat everyone equally.
The issue might seem frivolous, but it concerns more than just a personal preference regarding one’s married name. As ACLU officials note, Baize could face serious complications because he already has changed his name with the Social Security Administration. If the names on his Social Security card and driver’s license are different, he could have a hard time registering to vote or boarding an airplane.
Mississippi already has resolved the problem. The state began treating husbands and wives the same after a similar complaint from the ACLU last month.
The ACLU has not specified what action it would take if South Carolina doesn’t make the change. We hope it doesn’t come down to a court battle. Simple fairness should guide the state to give equal treatment to husbands and wives regarding official name changes.
Hyphenated last names are common, and there is no reason to make men jump through special bureaucratic hoops to get a driver’s license.
If married couples want to use the names of both spouses, that’s their business. The DMV shouldn’t throw hurdles in their way.
