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View Diary: Remember the Soldier a Republican Audience Booed? He Endures Another Indignity in Ohio. (111 comments)

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  •  As an attorney who formerly worked.... (7+ / 0-)

    ....for a large court, I can tell you we LOVED to process name changes. They were so easy. These were only kicked on narrow, specified grounds, or for technical errors in the application (such as the failure to publicize the request in a newspaper for 4 consecutive weeks). One peculiarity of American law is that there is a LONG STANDING common law tradition of being able to change your name to whatever the hell you want. And so, if you apply to change your name to "The Devil Incarnate", the court will grant that application provided it is otherwise in order.

    The court isn't being asked to recognize the marriage here. It is just being asked to recognize that he wishes to change his name to include his spouse's name. That is recognition of the request to change his name (a common law right) and not of the marriage. That's how I would come down. And the application would be approved.

    I, of course, recognize and applaud the marriage! But to grant the application no judge is required to do so.  

    In fact, this guy can simply change his name (common law right going back a looong ways, before Johnny Appleseed). It would be harder without a court order, though, to present to the DMV and so forth.

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