Name change; proof that applicant is citizen of United States. (HB151)
Introduced By
Del.
Lynwood Lewis (D-Accomac)
with support from co-patron Dave Marsden (D-Burke) 
Lynwood Lewis
(D-Accomac)
Served: 2004–
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Name change; proof that the applicant is a citizen of Virginia. Requires that every application for a change of name contain proof that the applicant is a citizen of the Commonwealth. View Full Text »
Status
02/20/2008: Passed the Senate
View Bill's History
Video
Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/10/2008, 01/21/2008, 01/21/2008, 01/23/2008, 01/23/2008, 01/24/2008, 01/24/2008, 01/25/2008, 01/28/2008, 02/12/2008, 02/19/2008, 02/19/2008, 02/20/2008, 02/21/2008, 02/22/2008, 02/22/2008, 02/25/2008, 02/28/2008, 02/28/2008 and 02/29/2008.
Comments
There is no such thing as a "citizen of the Commonwealth," and it is unclear what the patron's intent is here nor why such legislation is needed.
Update: The bill was amended to "citizen of the United States" in committee and specific documents are not required to prove citizenship, excluding a passport. No rationale was offered for excluding lawful permanent residents and others in the US legally from use of the court system for name changes. It would be difficult to articulate a rational basis sufficient to defend the statute as now written from a constitutional attack.
This is another of the bills introduced this session that demonstrate that much of the immigration debate is not, in fact, about lawful presence, but is about status as an immigrant, documented or undocumented.
This bill denies legal permanent residents and other lawfully present aliens access to the courts to seek a name change. There is a question whether this legislation is constitutional.