Gay couples can use married names on passports
06.22.2009 6:00am EDT
(Boston) Gay couples traveling overseas can now show passports that feature their married names, letting them take advantage of a little-noticed revision to State Department regulations that critics had feared would undermine the federal Defense of Marriage Act.
The notice of the change says that it does not mean the State Department is recognizing the validity of same-sex marriages and civil unions, but that it was to comply with an amendment to the Code of Federal Regulations that took effect in February 2008.The name-change revision took effect May 27 in an addition to the State Department’s Foreign Affairs Manual. It allows same-sex couples to obtain passports under the names recognized by their state through their marriages or civil unions.
Keith and Al Toney, of Holden, learned of the change this week and expressed relief at the end of an effort that began in 2007, when Keith applied for a passport under his married name but was denied.
“We’ll probably be going back to Costa Rica in August, and just knowing that I don’t have to hand over a passport that I considered fraudulent … just knowing that I have an accurate passport, I feel like I can hold my head up high,” Keith Toney said.
The move is separate from steps Secretary of State Hillary Rodham Clinton took this week to grant some of the same benefits to the partners of gay diplomats as those available to spouses in heterosexual marriages.
Still, groups opposed to gay marriage criticized the name-change provision, saying it erodes the federal Defense of Marriage Act, which prohibits federal recognition of any same-sex partnerships.
“It’s an exercise that the current administration is using to try to nibble away at the Defense of Marriage Act,” said Kris Mineau, president of the Massachusetts Family Institute.
“There’s no doubt that President Obama has made a strong commitment to repeal the DOMA … and it will take an act of Congress to do so,” Mineau said. “He cannot circumvent the law, but he attempts to do so not head-on, but in an oblique approach.”
Obama said he wants to see the Defense of Marriage Act repealed. But he’s been heavily criticized by gay rights groups for not moving quickly enough on his campaign promises to expand gay rights.
Evan Wolfson, executive director of Freedom to Marry, a New York-based group that campaigns nationally for gay marriage rights, said the change in passport regulations is a “very small step in the right direction,” but falls “far short of the work that needs to happen to keep the federal government from discriminating against gay couples across the country.”
The Toneys got married in 2004, shortly after Massachusetts became the first state to legalize same-sex marriage. Keith, whose unmarried name is Fitzpatrick, was rejected when he applied for a passport as Keith Toney. The passport agency cited the Defense of Marriage Act.
Keith Toney was forced to get a passport in his old name so he could travel with his spouse and daughter to Costa Rica, where the family owns a vacation home, he said.
During previous trips, he said, he was repeatedly questioned about why the name on his passport differed from the name on his other forms of identification, including his Massachusetts driver’s license, which had his married name.
“It was degrading, it really was,” he said.
The couple later joined a lawsuit challenging the act filed by the Boston-based Gay & Lesbian Advocates & Defenders.
GLAD received a letter from the Justice Department this week, informing the group of the change and inviting Keith Toney to submit a passport renewal application with his married name. He plans to submit his application to the Boston Passport Agency on Monday.
The separate changes instituted this week by the State Department include the right of domestic partners to hold diplomatic passports, government-paid travel to and from foreign posts, the use of U.S. medical facilities abroad, eligibility for U.S. government emergency evacuations, and training at the State Department’s Foreign Service Institute.
Clinton announced the measures after Obama’s decision on Wednesday to grant some benefits to the same-sex partners of gay federal employees.




I am not married but if i had a civil union or a marriage, this would make me very happy! (no i’m sorry officer this is not my sister, would not have to be used anymore)
Heterosexual couples shouldn’t go through immigration together any way. In many countries (Japan, China), they see you one by one. The only exceptions are for those with young children. Otherwise, you’d be asked to approach the immigration officer by yourself regardless. From a security standpoint, this is far more effective. From a social standpoint, it is less awkward precisely because these kinds of personal questions never come up.
My huspand and I were in the United States the fall of 2008, in conneticut. We married in Massachusetts, while waiting for our new born twin sons to get the okay from the doctors to return over seas. We had no problem obtaining a new U.S. passport with my new last name. We used a passport agency in Conneticut. I was actually suprised to read your article. My heart felt sorrow for those having problems getting the same friendly sevice we received when we went to get mine and the kids passports.
Dennis, what you experienced is another example of the gap in policies and procedures of the State Dept. (that oversees passports) and Homeland Security (that oversees Immigration and Customs). Hope the DHS folks get the memo. My partner and I have approached US immigration officers upon returning to the States and, fortunately, have not had that experience of being separated. But it seems to depend on which officer you get.
just 2 months ago my life-partner of 34 years and i (who were legally married in canada) were returning to the USA from germany. when we approached immigration together we were told that the USA government did not recognize our relationship and we would have to be seen separately. one of us was directed back into the line waiting. while it of course did not change things, we did state that we were legally married and were used to being treated as a couple everywhere we go in europe and canada. upon our arrival back “home” it was an instant reminder that we were second-class citizens and that we were considerably more “free” in numerous other countries.
just crumbs
“There’s no doubt that President Obama has made a strong commitment to repeal the DOMA [...] Mineau said.”
Wow…is he paying attention to the same Obama I am? “Strong commitment” is not the phrase I would apply to the President’s efforts to get rid of DOMA.
I’m totally confused by this article. Several years ago, I changed my last name to that of my partner’s by filing a name change petition with a court. Took me longer to park at the Court House than it did for the judge to sign the order changing my last name. I then got a new social security card, driver’s license, and passport. So, all of this was already possible if you simply took the extra step of legally changing your last name via a court order.
The Social Security Administration accepts a marriage certificate as proof of name change for women married to men. Will they do so for same-sex couples? Or will gay people be forced to petition a court for a name change order?
chk out this story, this GOP PA.senator says the Gov’t is “allowing” us to Exist..
http://www.towleroad.com/2009/06/pa-senator-eichelberger-were-allowing-gay-couples-to-exist.html
Wow this is great news. Last Year we spent over $ 700.00(legal zoom) to legally change our names mainly to just get new passports. We had to do this after we had changed our last names on our drivers license and social security cards. The state department sent us a hateful letter citing the “Defense of Marriage Act”. At the time I was very mad and insulted. We had got married in August (California)and I was trying to get a passport for a trip in January 09. Anyway I am glad for this small step for others.
Tom in Long Beach
Bud, the same-sex marriage census count hasn’t been finalized yet. The Obama administration is working on it according to an article on the Empowering Spirits Foundation Facebook page.
Yes Bud, the Obama administration is seeking ways to include same-sex unions in the census count. It hasn’t been finalized yet though. The Empowering Spirits Foundation has an article on their Facebook page about it.
Did anyone also read the news concerning how the 2010 Federal Census will now count same sex marriages? It was decided last Thursday, I believe.
My eyes are getting old and weak, so if the news appeared on 365gay I must have missed it.
I’d say that this is an important step (baby step — along with the passport marriage recognition) but still moving in the right direction.
Did anyone also read the news concerning how the 2010 Federal Census will now count same sex marriages? It was decided last Thursday, I believe.
My eyes are getting old and weak, so if the news appeared on 365gay.com I must have missed it.
I’d say that this is an important step (baby step — along with the passport marriage recognition) but still moving in the right direction.