California is poised to start allowing same sex marriages on Jun 14th to 17th. The problem's with the name change rules for Hetro couple under the age of 62.

They need to give the counties guidence on the name changes allowed. This is all fine and good for same sex couples or hetro couple with at least one member over the age of 62. They can enter into a RDP (Registered Domestic Partnership) and put any allowed middle and last name for each person on the form. They then turn around and get married with the names they want. I and my fiance on the otherhand are out of luck. Neither of us are over 62, and ack... We're kinda hetro at the moment... Soooo because of that we can't change our names to what we want for the marriage. There is a new law coming into affect 1/1/09 AB102 Current Health & Safety CA Code 103175 and 103180 both make references to male and female. The court should order AB102 which is gender indifferent go into effect on Jun 17, 2008 instead of 1/1/2009.

Since it looks like Jun 17th will see the start of same sex marriages, there will be tons of name changes at the DMV. I'm working with Asm Fiona Ma's Office (author of AB102) and staffer who originally worked on AB102 [email protected] to push the implementation of it up from 1/1/09 to Jun 17th with the start of same sex marriages.

Yes there is several problems with the up coming June 17th date of the new same sex compatible marriage license forms using the current sample forms at http://www.cdph.ca.gov/HealthInfo/news/Pages/Update05-08.aspx

Problems:
1. Loop hole for certain couples to change names via RDP and not others who have to wait until 1/1/09.
2. What Name to use in the case of previously married persons.
3. Changing the complete name at time of marriage; first, middle, and last. Many many examples below.
4. The lack of having an official document with the recorded names to be used after marriage until 1/1/09. Affects all couples now and will be worse Jun 17th.

Couple types:
1. Hetro Sexual Couples with both partners under the age of 62.
2. Hetro Sexual Couples with both partners the age of 62 or OVER.
3. Same Sex Couples.

Problem:
Couple types 2 and 3 can get RDP Registered Domestic Partnerships and change names, then turn around and get married using the names they want.
Couple type 1 can NOT get into a RDP Registered Domestic Partnerships and change names. So when they marry they can only change thier names according to current CA H&S Code 103175 and 103180.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc...

Couple type 1 have to wait for AB102 to take effect on 1/1/09.

Couple types 2 and 3 can bypass that using RDP's now at this time to get the names they want in the marriages starting Jun 17th 2008.

RDP Info: http://www.calstrs.com/help/faqs/DomesticPartnerfaqs.aspx
Declaration of Domestic Partnership (Form NP/SF DP-1) http://www.sos.ca.gov/dpregistry/forms/sf-dp1.pdf

So for equality AB102 needs to be implented on Jun 17th with the same sex marriages and remove the restrictions on RDP's with hetro under 62 couples.

The other problem is on the new sample marriage license applications at http://www.cdph.ca.gov/HealthInfo/news/Pages/Update05-08.aspx. Since they are going to be same sex compatible where is the married names placed?

Stacy Thomas Smith marries Madison Wallace Jones.

Stacy Thomas Smith, maiden name is Stacy Chris Thomas.
Madison Wallace Jones, maiden name is Madison Sidney Wallace.

Currently they would be Stacy Thomas & Madison Wallace Smith-Jones, Jones-Smith, Jones, Smith, ...
If they didn't go back to thier maiden names. Where is it on the new sample marriage license they are to put thier new names that they will be using?

Are they: [you'll notice the names are gender neutral]
Stacy Thomas & Madison Wallace Smith-Jones
Stacy Thomas & Madison Wallace Jones-Smith
Stacy Chris & Madison Wallace Thomas-Jones
Stacy Chris & Madison Wallace Thomas
Stacy Thomas & Madison Sidney Wallace
Stacy Thomas & Madison Sidney Jones
Stacy Chris & Madison Sidney Thomas
Stacy Chris & Madison Sidney Jones
Stacy Chris & Madison Sidney Smith

Which is why AB102 needs to be implementated on Jun 17th so there are lines on the License application to insert the names to used after marriage.

AB102 actually only specifies Middle or Last names to be changed. 103175 to be implementated has the line "and the new name, if any, selected by each party for intended use upon solemnization of the marriage." Which implies the entire legal name First, Middle(s), Last(s).

Are people with first names they don't use at all; for example:
Shared with a parent that raped them.
Having a old fashion name which is embarassing -- A boy named Obert
Which typically represent a gender which doesn't match presentation -- A boy named Sue
Presenting as other than birth gender -- Same Sex with one presenting as female and one as male or a hetro couple both presenting as one gender.
Emabarassing name combinations:
Wylde Rose marrying Thomas Bull and becoming `Wild Bull'
Katrina Ann Smith marrying a Catrina Betty Storm and becoming `Kat and Cat Storm' or Katrina Storm or 'Storm, Katrina A' & 'Storm, Catrina B'
that are getting married also would have to go thru a $300+ name change once they get married. Or should they be able to change it at the time of getting married, which would make sense. This would help young couples with limited funds and no extra time.

Which is why an emergency bill needs to be implementated by Jun 17th, to implement on Jun 17th AB102 and modify the hsc 103175 and 103180.

Change: 103175
(1) The first section shall include the personal data of each
party married, including the date of birth, full given name at birth
or by court order, birthplace, mailing address, names and birthplaces
of each party's parents, last names at birth of each party's
parents, the number of previous marriages, marital status, the name
used prior to the intended marriage by each party at the time of the
marriage license application, if the name is different from the name
given at birth or by court order, and the new name, if any, selected
by each party for intended use upon solemnization of the marriage.
(2) The second section shall include the signatures of parties
married, license to marry, county and date of issuance of license,
and the marriage license number.
(3) The third section shall include the certification of one
person performing the ceremony, that shall show his or her official
position including the denomination if he or she is a clergy or
clergyperson, and the printed name, signature, and mailing address of
at least one, and no more than two, witnesses to the marriage
ceremony. The person performing the marriage ceremony shall also type
or print his or her name and mailing address on the marriage
license.
(b) The marriage license shall not contain any reference to the
race or color of parties married.

to

(1) The first section shall include the personal data of each
party married, including the date of birth, full given name at birth,
or by court order, birthplace, mailing address, names and birthplaces
of each party's parents, last names at birth of each party's parents,
the number of previous marriages, marital status, the name currently
used to the intended marriage by each party at the time of the marriage
license application, if the name is different from the name given at
birth or by court order.
(2) The second section shall include the new full legal name,
selected by each party for use upon solemnization of the marriage,
the signatures of parties to be married, license to marry, county
and date of issuance of license, and the marriage license number.
(3) The third section shall include the certification of one
person performing the ceremony, that shall show his or her official
position including the denomination if he or she is a clergy or
clergyperson, and the printed name, signature, and mailing address of
at least one, and no more than two, witnesses to the marriage
ceremony. The person performing the marriage ceremony shall also type
or print thier name and mailing address on the marriage license and the
dated signature of each party that were just married.
(b) The marriage license shall not contain any reference to the
gender, race or color of parties married.

Robi McKee