Couple files lawsuit to keep licenses issued with married name

Melbourne – A same-sex Central Florida couple filed a lawsuit in federal court Nov. 25 after receiving a letter earlier this month from the Florida Department of Motor Vehicles about their drivers’ licenses being cancelled because they legally changed their names with their out-of-state marriage licenses.

When Watermark reached out to the couple on the Nov. 25 deadline, Daniel said his license was cancelled but Scott changed his license back to its original form so that they “could survive as a household.

“Truly sad–but we may just make the change needed to help others,” said Daniel Wall-DeSousa in an email.

Scott and Daniel Wall-DeSousa said they both received a letter from the Florida Department of Motor Vehicles on Nov. 8 notifying them of the indefinite cancellation of their licenses.

The letters informed the couple that they had until Nov. 25 to comply or have their licenses indefinitely cancelled. The letter informed them they could present their passports with their names on it or summon a petition to get a court order—but both ways would exceed the 20-day window the Florida DMV gave them to comply by supporting other documentation.
Both men had their last names changed on other documents, including their social security cards, bank statements and work identification badges.

“Florida is a federal REAL ID compliant state, which means the Department can only accept specific documentation as proof of identity and legal name when issuing a driver license,” said Fla. DMV Press Secretary John Lucas in a statement. “While marriage certificates are acceptable documents, same-sex marriages are not recognized by the state and, therefore, a same-sex marriage certificate is not considered as a legal basis for a name change on a Florida driver license.”

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