Legal Question in Civil Rights Law in California

I am 19 and do not have a SSN for religious reasons and I know it wont be there when I need it. I am aware having a SSN has it benefits but I chose not to participate in the program. When I applied for a Drivers License at the DMV, I was denied because I did not provide a SSN. I cant provide a SSN, because I do not have one. I told the clerk this and she told me I cannot get a DL w/o it because the DMV is required by "law" to obtain it when applying for a DL. -----------------------

While browsing the web, I found this - (Link at the end) "According to (a)(2)(B) of Public Law 93-579 (the Privacy Act), �a requirement for the disclosure of a social security number to any Federal, State, or local agency� is only lawful if such requirements were �in existence and operating before January 1, 1975.� Thereby, Congress prohibits any Federal, State, or local agency from adopting enforceable laws or regulations after January 1, 1975 that require a social security number from people."

AND

"42 USC �666 implemented by Public Law 100-485 become effective on Oct. 1, 1985 and was modified in 1997 by Public Law 105-33 to include all driver�s license and recreational license. 42 USC �666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement (a) Types of procedures required In order to satisfy section 654(20)(A) of this title, each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part: � (13) Recording of social security numbers in certain family matters. - Procedures requiring that the social security number of - (A) any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application; (B) any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment be placed in the records relating to the matter; and (C) any individual who has died be placed in the records relating to the death and be recorded on the death certificate. For purposes of subparagraph (A), if a State allows the use of a number other than the social security number to be used on the face of the document while the social security number is kept on file at the agency, the State shall so advise any applicants"

http://www.scribd.com/doc/2682567/Social-Security-Number-Not-Required Pg #81 ----------------------

By the dates it is obvious the requirement wasn't effective till 1985 which was after 1975. My question is- Do these codes I found still apply today? or have they been amended? Please, any legal information regarding this subject will be greatly appreciated. Thank You.


Asked on 1/30/10, 10:55 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You ever hear the term "fighting city hall"?? You can either comply, or spend a bunch of money on legal fees trying to force them to do what you want, without guarantee of success.

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Answered on 2/05/10, 10:22 am


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