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Florida At It Again! Man a criminal for taking his wife's name in LEGAL marriage

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Florida At It Again! Man a criminal for taking his wife's name in LEGAL marriage Empty Florida At It Again! Man a criminal for taking his wife's name in LEGAL marriage

Post by Hipster Tue Jan 29, 2013 2:49 pm

Florida At It Again! Man a criminal for taking his wife's name in LEGAL marriage Lorenzoj


MIAMI (Reuters) - A newly married South Florida man who opted to take his wife's last name
is fighting the state's Department of Motor Vehicles after it suspended
his driving license on grounds of fraud.

Real estate investor Lazaro Sopena offered to change his name following his 2011 marriage to
Hanh Dinh in order to help his wife's Vietnamese family perpetuate their
family surname.

Shortly after their marriage, Lazaro Dinh obtained a new passport and Social Security card
and changed his bank account and credit cards before applying to update
his drivers license.

"It was an act of love. I have no particular emotional ties to my last name," said Dinh, 40, who
was born in Cuba and came to the United States at the age of 11 in 1984.

His wife, Hanh Dinh, 32, has four sisters and came to the U.S. in 1990, after a family odyssey
involving living in refugee camps and being separated from her father
for 7 years.

Lazaro Dinh was initially issued a new license after presenting his marriage certificate at his
local DMV office and paying a $20 fee, just as newly married women are
required to do when they adopt their husband's name.

"It was easy. When the government issues you a new passport you figure you're fine," he said.

More than a year later Dinh received a letter from Florida's DMV last December accusing him of
"obtaining a driving license by fraud," and advising him that his
license would be suspended at the end of the month. Ironically, it was
addressed to Lazaro Dinh.

"I thought it was a mistake," he said.

But when he called the state DMV office in Tallahassee he said he was told he had to go to
court first in order to change his name legally, a process that takes
several months and has a $400 filing fee.

When he explained he was changing his name due to marriage, he was told 'that only works for women,'" he said.

"Apparently the state of Florida clings to the out-dated notion that treats women as an extension
of a man," said Lazaro's lawyer, Spencer Kuvin, with Cohen & Kuvin
in West Palm Beach. While it was unusual for a man to seek to be
considered an extension on his wife, Dinh's case raised important issues
for gay marriage, he noted.

"If Lazaro isn't allowed to change his name, what is going to happen when a gay couple seeks a name change?"

Only a few states have made their marriage name change policy gender neutral, Kuvin said. In
Florida's case it has no law, although the DMV's website does not
specify gender.

According to Kuvin, 9 states enable a man to change his name upon marriage: California, New
York, Hawaii, Louisiana, Massachusetts, Oregon, Iowa, Georgia and North
Dakota.

The Florida DMV did not respond to a request for comment.

Following a DMV hearing, Dinh was issued a Final Order on January 14 confirming that his license
had been properly suspended for fraud.

He is now appealing that order but has not dared get behind the wheel.

"I don't understand. I'm being treated like a highway criminal," said Dinh, who said he has a
perfect driving record and now is struggling to carry out his job,
begging his wife and friends for rides.
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