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PaperclipPerfector  4d ago (text post)   21605 thread views

Culture War Roundup for the week of May 5, 2025

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Alabama Code § 32-6-13 states:

The Director of Public Safety, with the approval of the Governor, shall establish and promulgate reasonable rules and regulations not in conflict with the laws of this state concerning … the enforcement of the provisions of [Alabama Code Chapter 6, Article 1: Drivers’ Licenses] [which includes Alabama Code § 32-6-4, on issuing driver's licenses].

The Alabama supreme court has held time and time again, most recently in State of Alabama v. Catherine Taylor, et. al., that one consequence of Alabama Code § 1-3-1 is the complete efficacy and legitimacy of so-called “common law” name changes (name changes done neither by a court action nor by any specific statutory process) in the eyes of the State:

The order entered by the trial court permanently restrained the State from refusing to allow plaintiffs … from registering to vote “under the names by which they have chosen to be known and have used subsequent to this proceeding.” … We hold that the trial court did not err.

… “Where it is not done for a fraudulent purpose and in the absence of statutory restriction, one may lawfully change his name without resort to legal proceedings, and for all purposes the name thus assumed will constitute his legal name just as much as if he had borne it from birth.”

We are not aware of any statutory restriction which requires that married women not be permitted to register to vote, if otherwise qualified, under the names by which they have chosen to be known and have used; provided, of course, it is not done for a fraudulent purpose.

… in view of the fact that the common law regarding "names" has not been altered by the legislature as far as we know, we adopt the common law of England in resolving this dispute.

… While the State suggests that allowing married women to register in their maiden surnames will create confusion, we believe that the legitimate interests of the State in preventing fraud in the election process can be satisfied without undue cost or harm.

However, the Alabama DMV has this policy currently in force for changing the name printed on Alabama ID cards:

If you have changed your name, you must…present valid name change documents (e.g., marriage certificate, divorce decree, court order or legal name change document), along with proof that your name has been changed with the Social Security Administration.

Now, being required to not just “present valid name change documents”, but have a federal agency pre-approve them, seems to be a central case (I'd argue even more central than voter rolls that no-one even sees) of requiring a person to “resort to legal proceedings” to make “the name thus assumed…constitute his legal name…for [this] purpose”, which would make it a “rule [or] regulation…in conflict with the laws of this state” and thus an illegal requirement for the Director of Public Safety to impose on petitioners seeking to update their ID card to reflect a common law name change.

This is not just a procedural nitpick, but in practice actually a blocker for any person attempting the process, because even if you could somehow generate (and were willing to generate) a paper trail for your common law name change that'd pass ALEA/DMV muster as substantiating the change, the SSA will reject it anyway.

Before I go knocking on the door of the ACLU, or spending a million dollars on a private lawyer to sue the DMV to avoid spending $50 on a court-ordered name change: does this argument seem sound?

It does seem like a sound argument, but it'll probably take the ACLU or a million dollars and a private lawyer to convince them. Spending $50 on a court-ordered name change is probably the simplest way to proceed.

Spending $50 on a court-ordered name change is probably the simplest way to proceed.

Sadly, I already took this “coward's way out” cutting a check to the local probate court rather than raising the matter the hard way, and am now far too satisfied with my legal name to fuck with it any further; someone else with a similar impulse will need to tackle this.

(I wonder if we'll see the ACLU stepping up on this matter only after someone is actually refused a court order for name change... which they generally only do for sex offenders and other criminals whose “crimes involv[ed] moral turpitude”...)

Sadly, I already took this “coward's way out” cutting a check to the local probate court rather than raising the matter the hard way, and am now far too satisfied with my legal name to fuck with it any further; someone else with a similar impulse will need to tackle this.

Its hardly the coward's way out even if Catherine Taylor hasn't been superceded by legislation. Which it may well have been. Given that Alabama issues real IDs that seems likely.

In addition, even if you won, I think you still end up at square one. Now what you've done with your extensive ACLU legislation is, essentially, repealed any rulings, regulations, and indirect legislation that enable Alabama's implementation of REAL ID. Now your whole state is mad at you AND you have to pay for a passport, AND you have get the court ordered name change to do that.

Overall, the initial ruling strikes me, given the date, as an intentional giveaway to Birmingham and other machines in Alabama. Partisan and poorly reasoned.

Given that Alabama issues real IDs that seems likely.…even if you won, …what you've done…is, essentially, [destroyed] Alabama's implementation of REAL ID.…Now your whole state is mad at you

If any federal regulation actually exists which would prohibit REAL ID cards from being issued in a person's actual legal name, when that name was acquired by a common-law name change—and so far this is just speculation, no-one has found any such rule*—then

  • that would be a legitimate, statutory restriction where applicable, which is on “STAR ID” Driver's Licenses
  • that would be inapplicable to non-“STAR ID” Driver's Licenses**

AND you have to pay for a passport, AND you have get the court ordered named change to do that.

*I expect no-one will, either, considering that the passport office explicitly allows common-law name changes, Form DS-60.

**I seriously expect these will never be discontinued anyway, because discontinuing them would harm the voting block of “people who live a lifestyle rendering them incapable of fulfilling the REAL ID requirements”.

If any federal regulation actually exists which would prohibit REAL ID cards from being issued in a person's actual legal name, when that name was acquired by a common-law name change—and so far this is just speculation, no-one has found any such rule*—then

REAL ID requires you submit one of many documents with your current name, which would be your common law legal name in such a case. But to do that you need to get a passport or one of various other documents that only is issued by the US government under that name, or a birth certificate issued to your name. OR a chain of custody set of documents from your birth certificate name to your current legal name. Those are:

  1. Certified marriage certificate.
  2. Adoption documents that contain the legal name as a result of the adoption.
  3. A certified name change document that contains the legal name both before and after the name change.
  4. A certificate, declaration or registration document verifying the formation of a domestic partnership/civil union.
  5. A certified dissolution of marriage/domestic partnership/civil union document that contains the legal name as a result of the court action.

All 5 workarounds also appear to require a federal passthrough document. Basically a SSN, or the equivalent. At this point the other way to Alabama being REAL ID compliant is known as the ridiculously stubborn way.

So what I'm seeing is, there is probably an easy way to get a non-Star ID that is presumably legal under this interpretation of the law, but there is no good faith reason to challenge the Star ID reqs, but you wouldn't have standing to do that, because its cheaper to do the thing that makes you eligible.

**I seriously expect these will never be discontinued anyway, because discontinuing them would harm the voting block of “people who live a lifestyle rendering them incapable of fulfilling the REAL ID requirements”.

I disagree. If the Republican coalition continues to go more working class, maybe, but if it veers back in the 2012 direction without picking up urban blacks, any Republican state would have good reason to end this. Not only would it disenfranchise legitimate enemy voters, it would make the fraudsters that vote using the information of people who dont vote significantly harder.

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