If "This is a question for law school research," you should do your own research, and not rely on lawyers to answer pontificate about subjects they know nothing about. There is no universal answer to your question, applicable to every application for services. I suspect this is proscribed by the individual law for each program. Social Security likely has a law about what must be on their application. Drivers Services likely has a separate law for what must be on a drivers license, etc. In states where gay marriage is not permitted, surely they have to ask on the application.
Answered on Jan 28th, 2014 at 8:49 PM