Reid v. Kelly (USA)

reidAndrew Paul Reid beat a man to death with a baseball bat and is incarcerated. He filed a lawsuit against the prison, claiming that he cut off one of his testicles and that the prison was indifferent to his gender dysphoria. The court recently denied his motion for summary judgment. The court also refused to allow him to change his name to Andrea Lea.

Reid v. Kelly Name Change

Reid v. Kelly Order

Reid v. Kelly Recommendations

Lakisha Lavette Short @ACLU_Delaware (USA)

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Lakisha Lavette Short is 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.

Query if the ACLU is doing anything to help Short get out of prison sooner, as the sentence imposed as a habitual offender seems extremely punitive.

Short previously sued the prison system for inadequate health care based on sexual orientation and race; the court threw out that lawsuit.

Habeas Petition.

Transgender inmate fights for name change.

State Case 1.

State Case.

In the matter of Paulo Cesar Arrieta Salas (USA)

A New York court granted a name change of a transgender applicant who could not provide proof of citizenship.

The petitioner satisfied the requirements for a name change under section 61 of the Civil Rights Law by specifying the grounds for the application and disclosing pertinent background information. A lower court rejected the application because the Costa Rican born petitioner was unable to provide the court with proof of citizenship or lawful immigration status. Civil Rights Law § 61 requires verification of a name-change applicant’s “residence,” not legal residence, and the appellate court found that “considerations of citizenship and immigration status should not be lightly imported by implication into the statutory scheme where to do so would ignore the plain meaning of the statute as written.”

We agree with the appellate court’s decision. U.S. citizenship has no bearing on whether one should be granted a name change.

In the matter of Paulo Cesar Arrieta Salas, for leave to assume the name of Raquel Ramirez.

S Swapna (India)

The Madras, India high court bench directed the authorities to change the name in a man’s school final marksheet to his present “woman” identity.  Allowing a petition by S Swapna, Justice K K Sasidharan quashed the proceedings of joint director of examinations (personnel) by which hisrequest was turned down on the ground there was no procedure prescribed in relevant rules.

The judge directed the petitioner to file a fresh application and directed the joint director to consider the same and issue marksheets with his new name. His troubles began in 2011 when she became a transgender and changed his name to Swapna from Nazer. Though he got his name changed in the college and degree certificates, his inability to do so in the school certificate cost him a job after he cleared his Group IV examinations for clerical posts in government service in 2012.

HC directs change of name in certificates of transgender – The Times of India.

In Re Julianna Tourmaline Fialkowski (USA)

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A Lynchburg, Virginia judge approved a name change for a transgender woman whose application previously was denied, her lawyer said. Julianna Tourmaline Fialkowski, 24, sought the change in December but found out after an early January hearing from a notice mailed by Lynchburg Circuit Court Judge F. Patrick Yeatts that he denied the request. Katie D. Fletcher, a Richmond lawyer representing Fialkowski in a second attempt to change the name, said she subsequently received a letter from Yeatts that said Fialkowski complied with requirements of state law and the application was approved. Fialkowski, a Lynchburg College student, said Yeatts asked questions at a hearing in early January about medical history and the notice of the denial came about two weeks later.
Judge OKs transgender Lynchburg woman’s name change – NewsAdvance.

New York (USA)

A.B. 9409 would limit the scope of information disclosed in a published notice of change of name.  It would allow minimal information to be revealed if the petitioner filed the change of name “to conform name to his or her gender identity or gender expression.”  The legislation, if passed, would effectively allow men to transition without having a public record of their life as a man.  This would have adverse consequences for women in cases where the man has a criminal history.

A.B. 9409.

James Dean Ingram (USA)

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An Oklahoman seeking a sex change has been allowed a name change by the state Court of Civil Appeals. James Dean Ingram, 31, was denied the ability to be legally recognized as Angela Renee Ingram in 2012 by District Judge Bill Graves. It was the second time Graves had denied such a request, ruling in both instances they were made for a fraudulent purpose. In 2010, Graves concluded a person cannot really change his or her sex because the person’s DNA stays the same.

“A so-called sex-change surgery can make one appear to be the opposite sex, but in fact they are nothing more than an imitation of the opposite sex,” the judge wrote in a seven-page order. “To grant a name change in this case would be to assist that which is fraudulent.”

On Friday, the Court of Civil Appeals reversed Graves decision, exactly as it had done for his first name change denial, allowing Steven Charles Harvey to change to Christie Ann Harvey in 2012.

The denial by Graves was an unusual one, said Brady Henderson, legal director for the American Civil Liberties Union of Oklahoma. Several Oklahoma County judges told The Oklahoman in 2012 they routinely grant name change requests by transgender individuals.

The civil court’s ruling means Graves must file a reversal in the coming days, and that filing will make the name change legal and final, said Henderson.

State court allows transgender Oklahoman to change name _ News OK.