Transgender gets "poured out" in Texas Court decision -- TG thinking to appeal
Phyllis Frye here -- 21 Sep 2006
I was saddened this morning to hear the judge tell me that while he would grant a change of name for my male-to-female TG client, he would DENY the request for changing the gender marker from M to F on the drivers license.
While sympathetic and kind, the judge felt he did not have the authority to do so. Obviously, he and I disagree on this issue. But it was cordial and NOT a personality or bigotry thing.
This was my second court appearance for my client in this matter. The first appearance was a full three hour hearing with seven exhibits admitted into evidence; about a half hour each of sworn testimony by my TG client, sworn testimony of a medical expert and a police expert via video deposition, and presentation by me; plus about an hour of back and forth with the judge and me addressing his concerns and the three trial briefs that I filed anticipating those concerns. It was all on the record. That occurred three weeks ago with the result being that the judge wished for time to consider the matter.
The judge acknowledged at this morning's hearing that he understood that I had prepared this for an appeal in the event of an adverse ruling by him. He even agreed to delay, at my request, the date of entry of his adverse ruling to give my client time to think things through and time to come up with the funds if she chooses to go for an appeal. We will be back in court in the coming month to enter a few more items, file one more brief and begin the short and exacting appellate time clock.
In layperson terms, the issue for appeal is this: Did the judge abuse his discretionary powers in refusing to rule that for a male-to-female transgendered person, a change of name without a corresponding correction of M to F on the drivers license acts as an incomplete change of name? This is an issue that has been festering since I developed it to use it in the courts beginning in the mid-1980s. The time and subject are overly ripe for appellate review and clear decision.
I am not releasing my client's name nor the judge's name in this email for two reasons:
1. My client still doesn't know what she is going to do. She wants to appeal "for the sake of the community", but is very short on funding.
2. While I disagree with the judge's ruling, the judge was very decent about the entire proceeding and gave me a most excellent and full record for appellate review. He does not deserve to be blasted. Decent people can disagree in a decent manner.
If you wish to help my client go for the appeal, there is a 501c3 fund with a tax number (pending) of 20-2216619, and the foundation name is as follows:
Foundation for Family and Marriage Equality
c/o Nechman, Simoneaux and Frye
2990 Richmond Avenue, Suite 400
Houston, Texas 77098
ATTN: Transgender Appellate Account
Phyllis Frye is a Civil Rights lawyer in Texas and the person that she is representing if a former COS member who moved down to Texas a couple of years ago. Her client is a post-op transsexual (That means she has not had her surgery yet.) but is on hormones.
Here in Connecticut I can legally get the gender designator changed from M to F on my driver license because I am on hormones and I have a letter from my psychiatrist stating that I am a transsexual and that is what they are trying to get in Texas with her appeal.
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