In October 2014, the ACLU of South Carolina sued the South Carolina Department of Motor Vehicles when they refused to issue driver’s licenses that reflect the changed, married names of the three plaintiffs, all of whom were legally married to a person of the same gender. The DMV refused to recognize the validity of their marriage licenses as proof of their changed name, leaving them unable to obtain licenses since their original name did not match their Social Security records. As a result, their ability to change jobs, vote, and travel was jeopardized.
Why this case?
Obtaining a valid driver’s license is necessary in many areas of life, including employment, healthcare, and voting. By refusing to recognize the validity of the marriage of same-sex couples for the purpose of name changing, the DMV discriminated against LGBTQ+ individuals and imposed hardships upon them that opposite-sex couples did not face. This violates the Equal Protection Clause under the Fourteenth Amendment, which prohibits state governments from denying any person equal protection under the law. The ACLU took on this case to ensure that same-sex couples receive equal recognition under the law and equal access to public services.
The latest
In August 2015, as a result of the lawsuit, the South Carolina DMV was forced to reverse this policy and begin accepting the marriage certificates of same-sex couples as valid proof of name change. This victory reaffirmed the legal recognition of same-sex marriages in South Carolina and ensured that LGBTQ+ individuals and their marriages are treated with dignity and equality when seeking state services like obtaining a driver’s license.
