Monday, November 05, 2018

Well It Is Back In Court

For many of us it is no big deal to change our names. Here in Connecticut it is very simple fill out a form and in about a week go before the Probate judge, then get as many free copies of the order as they allow. But in other states it can be a nightmare.
Warren County transgender name change dispute back in state court
My Dayton Daily News
By Lawrence Budd
November 5, 2018

MIDDLETOWN —
A Warren County family’s legal battle to get their transgender child’s name changed —with help from a national law firm advocating for lesbian, gay, bisexual and transgender (LGBT) rights — has moved to the 12th Ohio District Court of Appeals in Middletown.

Asaf Orr, Transgender Youth Projects staff attorney for the National Center for Lesbian Rights, said his organization was backing Cincinnati lawyer Josh Langdon in the state appeal, much as it did in the federal lawsuit against Warren County Juvenile Judge Joe Kirby dismissed last week.
[…]
Orr said the case was the only one he had been able to find in which the child’s parents agreed, but the name change was rejected by judge.

“Anecdotally, we have heard across the country there are judges that are denying name changes for transgender young people,” Orr said in a phone interview.

“They are treating transgender young people differently. That violates the constitution,” said Orr.
[…]
On Nov. 21, three judges from the 12th District are to begin deliberations on the state-court appeal.

The Whitakers filed for the name change on April 24.

Kirby ruled on June 22 the change was not “reasonable and proper and in the child’s best interest at this time,” prompting the appeal filed on July 9.
They filed a case against the judge in federal court claiming that the judge in the state court “was discriminating against the Whitakers and two other families by refusing their transgender name change requests” judge in the federal case refused to hear the case…
On Tuesday, Judge William Bertelsman threw out the case.

“The proper way to challenge an adverse judgment is to appeal, not to sue the judge. Plaintiffs here have appealed Judge Kirby’s decision not to grant their child’s name change to the Ohio Court of Appeals. This is the appropriate way to proceed,” Bertelsman said in his opinion and order.
So now the case is back into the state appeals court.

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