Federal Judge Dismisses Lawsuit Over Transgender Name Change Request

A federal judge in Cincinnati, Ohio recently dismissed a lawsuit against a judge who denied a transgender person’s request for a name change.

A federal judge in Cincinnati, Ohio recently dismissed a lawsuit against a judge who denied a transgender person’s request for a name change. In making this decision, the judge noted that the proper way to challenge a judgment is to appeal rather than to initiate legal proceedings directly against the judge.

How the Case was Initiated

The case was brought by three families in Ohio’s Warren County who claim that the judge discriminated against them by rejecting name changes that were sought for transgender children in juvenile court.

Opposition to the Name Change

A motion filed by the judge who denied the name change request provided five reasons why the case should be dismissed including the existence of a law that prohibits federal judges from interfering in state court decisions.

Ohio Law Regarding Name Changes

To receive a legal name change in Ohio, a person is required to submit a petition to a court. Thirty days before the court hearing, the person must also publish notices of the hearing in publications. When a person has previous criminal convictions, there is a possibility that he or she will not be able to receive a name change.

To update a person’s name on an Ohio driver’s license, the individual is required to submit a court order certifying the name change.

Despite these regulations, Ohio law does not provide guidance on updating the gender designations on a birth certificate and the Ohio Department of Health refuses to issue birth certificates with updated gender markers. Ohio is one of just three states with restrictive laws regarding name changes for transgender individuals on birth certificates.

Other Challenges to Ohio’s Transgender Laws

Earlier in 2018, the American Civil Liberties Union, in combination with Lambda Legal, filed a lawsuit challenging Ohio’s refusal to correct the gender markers on birth certificates for transgender individuals.

In pursuing this action, the plaintiffs commented that they had experienced numerous obstacles as a result of not being able to update their birth certificates. One of the people who initiated the case even claimed that she was threatened with physical violence when a coworker learned that she was a transgender woman. Another worker claimed that he was unable to obtain clearance for a hazardous material certification due to issues with his birth certificate.

The lawsuit also claimed that Ohio’s policy violated the First Amendment rights of transgender individuals because it forced them to disclose their gender status when presenting birth certificates that failed to match their gender identity. This lawsuit, however, is still pending and it remains uncertain how it will resolve.

Tracking Developments in Transgender Rights

Each month, the Universal Life Church discusses the various developments in transgender rights, right here on our blog. While many issues involving transgender individuals involve a complex series of laws, our articles focus on describing matters as simply as possible. We also provide unbiased perspectives in our articles, which means that we focus on the arguments raised by each side.

(image courtesy of Jon Tyson)