The Court of Appeals of Indiana just issued a ruling clarifying the process by which individuals may obtain a legal name or gender marker change for their identifying documents.
Both petitioners identify as transgender men, and both filed petitions to change the gender marker that appears on their identifying documents. One petitioner, L.S., also filed a petition “to change his name, to waive the publication requirement, and to seal the record pursuant to Administrative Rule 9.”
Administrative Rule 9 provides “an exception providing that a court record that would otherwise be publicly accessible may be excluded from public access upon a verified written request demonstrating that ‘[a]ccess or dissemination of the Court Record will create a significant risk of substantial harm to the requestor . . . .'” L.S. “testified that he believes that if information about his transgender status became public, he would be ‘at great risk for potential harm. . . . I mean it could be anything. I – I – I uh, violence, death, you know, it just depends on who – who gets a hold of me you know.'”
The court found that the “requirement to publish notice of intent to change one’s name” does not apply to one who applies to change one’s gender marker. The court also found that the L.S. provided sufficient evidence to qualify for exception to the requirement to publish one’s intended name change under Administrative Rule 9, and ” is entitled to have the record sealed, and is entitled to waive publication of notice of intent to change his name.”
Indiana appeals court clarifies process for transgender birth certificate, name changes — nwitimes.com
In re the Name Change of A.L. and In re the Name Change of L.S.
Bradley Manning, who identifies as a transgender woman named Chelsea, is set to be released from prison next week as per the terms of Obama’s commutation of the remainder of Manning’s 35-year sentence. Manning, a former Army intelligence analyst, was convicted of whistleblowing 2010 and has been serving in an all-male (because he’s male) U.S. military prison for the past seven years.
Manning’s legal team released the following statement on behalf of Chelsea (emphasis added):
“For the first time, I can see a future for myself as Chelsea. I can imagine surviving and living as the person who I am and can finally be in the outside world. Freedom used to be something that I dreamed of but never allowed myself to fully imagine. Now, freedom is something that I will again experience with friends and loved ones after nearly seven years of bars and cement, of periods of solitary confinement, and of my health care and autonomy restricted, including through routinely forced haircuts. I am forever grateful to the people who kept me alive, President Obama, my legal team, and countless supporters.”
HAIRCUTS. Manning, whose ACLU attorneys referred to haircuts (or lack thereof) as “a medically necessary part of her treatment to follow the female grooming standards related to hair,” appears to believe that his autonomy was most restricted by his haircut.
According to ACLU staff attorney Chase Strangio, “Like far too many people in prison, particularly transgender women, Chelsea Manning has had to survive unthinkable violence throughout the seven years of her incarceration.”
One reasonably wonders if Strangio, who previously asserted that having short hair “sends the message to everyone that she is not a ‘real’ woman” was referring to “forced haircuts” in the above statement as “violence.”
Chelsea Manning, legal team statements on upcoming release — Windy City Times
Matthew Harks, a convicted pedophile living in the Calgary, Alberta area, has legally changed his name to Madilyn (Rebecca) Harks, presumably with the intention of identifying as a woman and obtaining a government-funded sex change. Harks, who is known to befriend families with the intent of harming their children and has sexually assaulted young girls, is currently under long-term supervision in order to prevent further offenses. According to Correctional Service Canada, “Victims are entitled to be informed of offender name changes.”
Name change for convicted pedophile _ Home _ Toronto Sun
Democratic Rep. James “J.J.” Johnson introduced legislation at the behest of Governor Jack Markell to allow incarcerated people to change their names based on gender identity. The legislation comes in response to a lawsuit filed by Lakisha Lavette Short, a Woman who identifies as a Man named Kai. Short filed for a name change, which was denied because Short is currently serving a 55-year prison sentence for first-degree robbery, two weapons counts and aggravated menacing. The American Civil Liberties Union of Delaware is now assisting Short in arguing to the state’s highest court that the lower court should have granted the name change.
The legislation would allow people convicted of violent crimes, including sex crimes, to obtain a name change if it is based on a sincerely felt belief in gender identity. This is unacceptable, as it allows rapists like Allison Woolbert to remain undetected and detached from their past histories as violent sexual offenders.
Transgender inmates could seek name change
The Supreme Court of Virginia granted the petition for a name change for a Man who identifies as a Woman who is servicing a 40-year federal prison sentence for child sexual exploitation. Continue reading
Superior Court Judge Daryl F. Todd, Sr.
New Jersey Superior Court Judge Daryl F. Todd, Sr., now retired, granted Dennis Woolbert‘s Name Change Petition even though Woolbert disclosed his conviction for aggravated sexual assault of a minor.
States should prohibit sex offenders from accessing the legal system to change their names or their legal sex marker. It is appalling that Judge Todd granted this name change without any comment.