Quote from: Khalysta on September 04, 2014, 04:26:27 PM
So I just got a call from the judge who is seeing my case tomorrow, saying I need to publish. I don't think these judges understand what gender Identity is. Has anyone who is on hormones and not had srs had any problems?
Funny you should mention. If you look back up in the thread I pointed out that when I filed my petition, the clerks gave me a huge amount of trouble for not publishing, but I stuck to my guns and told them I didn't have to publish. I ended up having to attend a 'mini' hearing of sorts where I just waited in line at the window, and the judge signed off no problems, not even a mention of the newspaper publishing!! So am I know officially my correct name XD
Lucky you though, I still have all the windows open on my laptop for documents I took just in case the judge was combative. If I were you I would attend the hearing, and print out the following:
NC-100 form. It says on page 2 that newspaper publishing IS NOT required for gender identity. This is codified in law in California Civil Code Section 1277(a)(5). Here is the full text of that section, I've bolded the pertinent points.
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1277. (a) (1) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b),
(c), and (e), the court shall thereupon make an order reciting the
filing of the petition, the name of the person by whom it is filed,
and the name proposed. The order shall direct all persons interested
in the matter to appear before the court at a time and place
specified, which shall be not less than six nor more than 12 weeks
from the time of making the order, unless the court orders a
different time, to show cause why the application for change of name
should not be granted. The order shall direct all persons interested
in the matter to make known any objection that they may have to the
granting of the petition for change of name by filing a written
objection, which includes the reasons for the objection, with the
court at least two court days before the matter is scheduled to be
heard and by appearing in court at the hearing to show cause why the
petition for change of name should not be granted. The order shall
state that, if no written objection is timely filed, the court may
grant the petition without a hearing. If the petition seeks to
conform the petitioner's name to his or her gender identity and no
objection is timely filed, the court shall grant the petition without
a hearing.
(2) A copy of the order to show cause shall be published pursuant
to Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
(3) Four weekly publications shall be sufficient publication of
the order to show cause. If the order is published in a daily
newspaper, publication once a week for four successive weeks shall be
sufficient.
(4) If a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent.
(5) If the petition for a change of name is sought in order to
conform the petitioner's name to his or her gender identity, the
action for a change of name is exempt from the requirement for
publication of the order to show cause under this subdivision. (b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
(4) Notwithstanding paragraph (3), the court may, at the request
of the petitioner, issue an order reciting the name of the petitioner
at the time of the filing of the petition and the new legal name of
the petitioner as a result of the court's granting of the petition.
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If the judge is still combative at your hearing, then ask for a continuance to be issued so that you can secure legal representation. Then contact the good people at the transgender law center
http://transgenderlawcenter.org/. They can give you legal representation, they were the organization that lobbied for the passage of AB1121 to not have to publish name change in the newspaper for transgender individuals. You should not answer any questions about any surgeries, hormone treatments, or any thing else pertaining to your gender if you filed an NC-100 for name change only. You do not have to even be on hormones to change your name to suit your self proclaimed gender identity.