Showing posts with label Name change. Show all posts
Showing posts with label Name change. Show all posts

Monday, January 20, 2020

5th Circuit: Court Should Not Agree To Use Pronoun Requested By Litigant

In United States v. Varner, (5th Cir., Jan. 15, 2020), the U.S. 5th Circuit Court of Appeals denied a motion by a transgender female inmate for a name change on the inmate's judgement of confinement.  Petitioner wanted the male name on her judgment changed to reflect her later name change to that of a female.  In addition, petitioner sought to require the courts to refer to her using female pronouns. The majority and the partial dissent disagree on whether this motion refers to the district court, or only to the Court of Appeals. In rejecting this request, the majority said in part:
[I]f a court were to compel the use of particular pronouns at the invitation of litigants, it could raise delicate questions about judicial impartiality. Federal judges should always seek to promote confidence that they will dispense evenhanded justice. See Canon 2(A).... In cases like these, a court may have the most benign motives in honoring a party’s request to be addressed with pronouns matching his “deeply felt, inherent sense of [his] gender.” ... Yet in doing so, the court may unintentionally convey its tacit approval of the litigant’s underlying legal position.... Even this appearance of bias, whether real or not, should be avoided....
A Washington Post op-ed discusses the decision.

Tuesday, December 31, 2019

Denial of Name Change Did Not Burden Inmate's Free Exercise

In In re the Application of: Hollis John Larson for a Change of Name, (MN App, Dec. 30,2019), a Minnesota state appellate court upheld a trial court's denial of a name change petition from an inmate who has been indeterminately civilly committed to the Minnesota Sex Offender Program as a sexually dangerous person. Petitioner sought to change his name to "Better Off Dead."  He claimed his religious belief involving Hinduism, Taoism, Buddhism, and Agnosticism motivates his petition. He contended that he believes to achieve reconciliation with the divine he must escape the cycle of birth, life, death, and rebirth by being and remaining dead. In rejecting petitioner's free exercise claim, the appeals court said said that the trial court had concluded that petitioner's asserted religious belief was not sincerely held and "state regulation cannot burden an insincere belief." Minneapolis Star Tribune reports on the decision. The court also rejected petitioner's free speech claim.

Thursday, November 21, 2019

Argentinian Court Dismisses Transgender Man's Suit Against Catholic Church That Reused To Change His Name On Records

Church Militant reports on a lawsuit in Argentina by a transgender man who contends that Archbishop Mario Cargnello is required by Argentina's Gender Identity Law to change his name on Church baptismal and confirmation records.  When in 2018 the archbishop refused, activist Alba Rueda sued. A lower court dismissed the case saying it is a religious matter. On Nov. 14, an appeals court affirmed the dismissal. Rueda plans to take the case to the country's Supreme Court.

Thursday, April 25, 2019

Ohio Probate Court Lacks Jurisdiction To Change Nationality of Moorish Science Adherent

In In re Easterling, (OH App., April 24, 2019), an Ohio state appeals court affirmed a probate court's decision in a case brought by a member of the Moorish Science Temple of America. The probate court granted Douglas Easterling's request to change his name to Raphael Kulika Bey. However it denied his request to change his race from "Black/African American" to "Moor/Aboriginal American national." The appeals court held that Ohio probate courts lack jurisdiction to change a person's race or nationality. While the probate court has jurisdiction to correct a birth record, here petitioner's birth certificate did not list his race or nationality, so there was nothing to correct.

Wednesday, September 14, 2016

Indiana's Bar On Name Changes By Non-Citizens Challenged As Violating Transgender Rights

Yesterday the battle over transgender rights-- which has often had religious overtones-- took a different turn with the filing of a federal court lawsuit by a transgender male from Mexico who was granted political asylum in the United States and who lives in Indiana.  At issue is an Indiana law that prohibits non-citizens from obtaining a legal change of name. The complaint (full text) in Doe v. Pence, (SD IN, filed 9/13/2016), contends that the law violates plaintiff's 1st and 14th Amendment rights, saying in part:
For a transgender person, a change of name is in many cases a necessary part of treatment for Gender Dysphoria....  Transgender people face a heightened risk of discrimination, harassment, and violence when their transgender status is known to others. Being referred to by or having to identify oneself by a name traditionally associated with the person’s sex assigned at birth, rather than with the person’s lived gender, can “out” a transgender person to others, revealing their private medical information and putting them at serious risk of harm.
Plaintiff asserts, in in addition to equal protection, autonomy and privacy claims, a free speech right to change his name:
Indiana Code Section 34-28-2-2.5(a)(5) violates the First Amendment right to freedom of speech by compelling speech from Plaintiff that betrays and falsely communicates the core of who he is.... For transgender persons, communicating their name and expressing their gender is speech protected by the First Amendment. Plaintiff’s adoption of the traditionally masculine name “John” conveys the message that he is a man, an essential component of personal identity.
MALDEF issued a press release announcing the filing of the lawsuit. Wall Street Journal reports on the lawsuit.

Tuesday, August 25, 2015

Judge Preventing Church Leader From Obtaining Unusual Name Change

According to the Rome News-Tribune, in Rome, Georgia an 81-year old resident whose current name apparently is "Serpentfoot" is petitioning a Floyd County (GA) court to change her name to:
Nofoot Allfoot-69-mouth-tail-solids-liquids-gases-animal-vegetable-mineral-going-over-under-around-and-through-Our-Greater-Self-our-habitat-the-cosmos-of-which-we-are-but-part-and-where-all-life-feeds-upon-other-life-from-the-smallest-bacteria-to-the-great-black-holes-and-dog-eat-dog-and-last-suppers-where-we-are-what-we-eat-or-consume-and-each-lives-on-in-the-other … ∞ Serpentfoot.
Serpentfoot who is the leader of her own church, "Our Greater Self Co-op," says that the name change will further her ministry. The court however apparently turned down the request in on Aug. 6 when Serpentfoot was a few minutes late for her 8:30 am hearing. She has now filed a petition asking the judge to reconsider his ruling or else recuse himself.  This is the latest in a series of requests by Serpentfoot to change her name.  Her last request was denied in May by the court when she could not remember her proposed name.