At the end of November, I filed my name change petition at my County clerk's office using the NYS online DIY forms. I paid the $210 index number fee and waited patiently for it to be approved by a judge. I also included a copy of my Gender Change Affidavit written by my doctor that is required in NYS to legally change my gender marker, as proof of why I was requesting the legal name change.

Just Friday, I received my self addressed envelope back with the signed court order but it did not have the state seal on the court order as I understand the final order is supposed to contain.

I received instructions that tell me I need to publish my name change in the local small town newspaper within 60 days and bring proof of the publication to the court clerk within 90 days.

I am taking issue with this publishing requirement. I don't feel it is fair to have to announce to everyone in my conservative small town area that I'm transgender, as the publication announcement would pretty clearly indicate by announcing my very male name changing to a very female name.

Since "Gender Identity Dysphoria" is a medical condition, shouldn't HIPAA laws protect me from having to disclose this type of information to the general public?

When I started this process, I knew there was a publication requirement, but I never thought I would have to publish it in the "small town" newspaper. I have a transgender friend who just recently did the same legal name change and she had to publish it in a Law Journal, although she lives in the county next to me in a larger city.
I just assumed I'd be required to to publish mine in a local Law Journal as well, and that didn't really bother me much as I assume only lawyers are going to be reading a publication like that.

I'm just not comfortable with announcing my transition to every small minded jerk that lives in my area, many whom I've had to deal with being bullied by, as I grew up here as well.

Does anyone know if I can either get the publication requirement waived on grounds of medical privacy, or possible discrimination?

Or, request to fulfill the publishing requirement with a less public journal similar to what my friend had hers published in?

Any help or suggestions would be greatly appreciated.

Thank you,
-Lexi

It doesn't look like New York will waive the publication. I  understand your desire for privacy, but honestly, how often do you read the public notices section of the paper?  No one else does, either. 

Hugs, Devlyn

In AZ, you have to get an affidavit from your wife if you're married and you have to declare if you have children. The fees are more too. I was born in ny, but live in AZ now, so I'd have to do the work twice to change my name and gender and birth certificate.


Sent from my iPhone using Tapatalk Pro

Quote from: Devlyn Marie on January 08, 2018, 11:49:53 AM
It doesn't look like New York will waive the publication. I  understand your desire for privacy, but honestly, how often do you read the public notices section of the paper?  No one else does, either. 

Hugs, Devlyn

Oh Devlyn, I wish that were true. But there are plenty of busy bodies around here that have nothing better to do than read the paper and find dirt to gossip about around here.

I grew up around here, so there will be plenty of people who will recognize my old name. I hate living in a small town like this and would have moved a while ago if I didn't have a 9 year old daughter keeping me here.

Even though I live in New York, this part of the state ALWAYS votes majority conservative/republican and is more backward than you can possibly imagine. 

If the law requires publication, and there is no way for the judge to grant a waiver, then you probably don't have a choice.

Challenging the publication requirement based on HIPPA could work in theory, but it would require a long, drawn-out process in federal court. Considering the current administration's position on transgender rights, especially when it comes to federal laws/regulations preempting state ones (e.g. Title IX and restroom access), such a challenge would probably be a long-shot, particularly if you end up with a judge who is a Trump appointee.

A course that would leave you with none of the privacy you're trying to protect. I'd just bank on no one reading the legal notice. The electronic records are easily found on Google long after that copy of the local paper has been used to wrap fish.

Hugs, Devlyn

Good news!

So I called a lawyer that serves the union where I work. I explained the situation to him and he thinks we can file a motion to get the name change order "sealed" to protect my privacy. If it's sealed for safety reasons, the publication requirement is waived.

He called the court and found out that someone just recently went through the same procedure. They quoted statics of violence against transgender women as a reason to keep the name change private.

So now we just need to put together a similar argument as to why it's in my best interest to keep the name change private vs the public's interest to know about it.

Anyone know where I can get quotable statistics for violence against transgender women?

Maybe, more specifically statics for New York State?

Quote from: Gertrude on January 08, 2018, 11:58:33 AM
In AZ, you have to get an affidavit from your wife if you're married and you have to declare if you have children. The fees are more too. I was born in ny, but live in AZ now, so I'd have to do the work twice to change my name and gender and birth certificate.


Sent from my iPhone using Tapatalk Pro

Gertrude,

I'm pretty sure you can only change your legal name wherever you are currently residing. Once you have the court order for the legal name change, you can use that to change your birth certificate where you were born.

I don't think it would be double duty as much as it would just be having to file in different states depending on the documents you are trying to get updated.

There can be more than one newspaper that would satisfy publication requirement... if it's a county office, it probably can be a daily newsletter in any city/town in your county, not necessarily your hometown newsletter. I'd look around, just in case.


Sent from my iPhone using Tapatalk

They specified which paper I had to use, a once-a-week local paper of about 25 pages with a couple thousand subscribers.

Quote from: Devlyn Marie on January 08, 2018, 03:45:16 PM
They specified which paper I had to use, a once-a-week local paper of about 25 pages with a couple thousand subscribers.

Sharks... are you stealth? If so, you obviously should try to get your record sealed.

Quote from: LexiDreamer on January 08, 2018, 03:36:19 PM
Gertrude,

I'm pretty sure you can only change your legal name wherever you are currently residing. Once you have the court order for the legal name change, you can use that to change your birth certificate where you were born.

I don't think it would be double duty as much as it would just be having to file in different states depending on the documents you are trying to get updated.

That's pretty much what meant/said. I'd still have to pay a fee in ny, using the papers from anAZ judge. In the county I live, it's a little more expensive, still have to do the publication and affidavit from the spouse. I think they want to prevent people from running away from responsibilities with spouse and children, but they just end up with more bureaucracy for people like us. The other issue is, why should I need the state's permission to be who I am? It is what it is, but... anyway.


Sent from my iPhone using Tapatalk Pro

Quote from: elkie-t on January 08, 2018, 04:40:07 PM

Quote from: Devlyn Marie on January 08, 2018, 03:45:16 PM
They specified which paper I had to use, a once-a-week local paper of about 25 pages with a couple thousand subscribers.

Sharks... are you stealth? If so, you obviously should try to get your record sealed.

No, I'm not stealth, you can't really go that route when you're non-binary. 

I don't need to seal my records. This isn't something imposed on us because we're transgender, this is just the rules everyone has to follow. I don't have a problem doing that.

Hugs, Devlyn

Quote from: Devlyn Marie on January 08, 2018, 03:45:16 PM
They specified which paper I had to use, a once-a-week local paper of about 25 pages with a couple thousand subscribers.

Yeah, they specified the paper for me too, hence my concern. It's the only local paper people actually pay attention to around here.

I just don't think it's right to make us announce a medical issue (and the therapy we're using to cope with it) to the general public.

When has a cancer patient been forced to announce they have cancer in a news paper in order to get treatment?

And that's not even touching on the possible violence, harassment or discrimination we might face with such an announcement.

*** Any suggestions I make should never be used as a substitute for licensed medical advice ***
*** All of my personal pharmaceutical experiences I share, have been explicitly supervised by a licensed medical professional ***
   

You're straying a bit far from the truth. Cancer patients have to publish their name changes as well. Facts are always better than emotional appeals.

I want equality in the world, not special treatment. I'll stand in the same lines, fill out the same forms, and pay the same rates. To me, that's equality.

Hugs, Devlyn

Quote from: Gertrude on January 08, 2018, 04:40:25 PM
That's pretty much what meant/said. I'd still have to pay a fee in ny, using the papers from anAZ judge. In the county I live, it's a little more expensive, still have to do the publication and affidavit from the spouse. I think they want to prevent people from running away from responsibilities with spouse and children, but they just end up with more bureaucracy for people like us. The other issue is, why should I need the state's permission to be who I am? It is what it is, but... anyway.


Sent from my iPhone using Tapatalk Pro

I don't think the spouse permission is a requirement here. The form does ask about child support though.

I can totally see the reason for having the rules... to keep people from abusing the system, or trying to escape a debt or keeping the dead beat dads paying child support. I get it.

But if I have legal proof that I'm transgender, my motive for changing my name is pretty solidly not fraudulent.

And furthermore, disclosing my transgender status could in fact expose me to prejudice, discrimination, harassment and violence. It's quite an unnecessary burden imposed on us.

*** Any suggestions I make should never be used as a substitute for licensed medical advice ***
*** All of my personal pharmaceutical experiences I share, have been explicitly supervised by a licensed medical professional ***
   

Quote from: Devlyn Marie on January 08, 2018, 05:00:05 PM
You're straying a bit far from the truth. Cancer patients have to publish their name changes as well. Facts are always better than emotional appeals.

I want equality in the world, not special treatment. I'll stand in the same lines, fill out the same forms, and pay the same rates. To me, that's equality.

Hugs, Devlyn

On face value, I would agree with this. The thing is if someone going stealth, is forced to out themselves in their community, face all the possibilities of that exposure and possibly need to move to remain stealth, it is not really equal treatment. I wonder about the ACLU for information on this.
Moni

Quote from: HappyMoni on January 08, 2018, 05:59:13 PM
On face value, I would agree with this. The thing is if someone going stealth, is forced to out themselves in their community, face all the possibilities of that exposure and possibly need to move to remain stealth, it is not really equal treatment. I wonder about the ACLU for information on this.
Moni

I don't want to derail this, but I'm talking constitutional and societal rights. We are not granted the right to a stealth existence. I don't want to continue this line in Lexi's thread, though. 

Hugs, Devlyn

On the subject of "equal treatment" vs. "special treatment" and names, on another (non-transgender-specific) forum there is a debate on whether or not transgender people should have the right to preempt an institution's policy that requires everyone to use their legal name*. (The debate focuses on a game show that requires all contestants wear a name tag that bears and be called down under their legal first name with no exceptions. If you go by a nickname, your middle name, or an unrelated name, your first name as shown on your ID is the only one they'll use.)

*Note this is not the same as when an institution allows cisgender people to use a nickname or preferred name, but denies transgender people the right to do so. In that case that is discrimination that should be challenged. Nor is it the same as when an institution refuses to recognize a legally changed name (which in addition to the aforementioned discrimination challenge for transgender people also encroaches on not honoring a court order).

Quote from: Devlyn Marie on January 08, 2018, 06:07:52 PM
I don't want to derail this, but I'm talking constitutional and societal rights. We are not granted the right to a stealth existence. I don't want to continue this line in Lexi's thread, though. 

Hugs, Devlyn

I'll probably end up creating a new post asking for statistics, to support my case, anyhow.


I'm not asking for a right to "stealth existence", nor am I specifically looking for "special" treatment.
I'm simply suggesting the name publication requirement, unintentionally announces my private medical treatment.
In the U.S. we have a right keep medical history private and on a "need to know" basis.

"John Smith" changing his name to "Jared Smith" does not announce any medical motivation for the name change.

"John Smith" changing their name to "Jane Smith", implicitly suggests a gender change... usually precipitated by the individual being "transgender", which has been identified by the majority of medical professionals as a "medical condition". The name change its self is part of the treatment... trying to live their life genuinely in the gender they identify with... treatment endorsed by the majority of mental health experts.

It would be similar to the cancer patient "John Smith" having to announce his name change as "Jared Smith (receiving cancer treatment)"

My motivation for changing my given name is not because I am necessarily unhappy with it, my given name is simply in-congruent to the gender I identify with. Part of my treatment for gender dysphoria is living my life as a female and my current legal name is a serious obstacle to that existence.

I'm not necessarily trying to hide the fact that I'm transgender, if someone asks, I'm happy to tell them I am.
Most people could probably guess that I am just by looking at me.
But more importantly, I don't resemble my old male identity anymore, and would like to limit my association with my old identity as much as possible and that is important to my mental health and treatment.

I just feel that an announcement to the community I live in does nothing to help me integrate into society in my new gender role, nor or does it help the local community.
On the contrary, it actually exposes me to bullying and discrimination.

As my lawyer pointed out... legally, only my name and gender marker are changing. My social security number, drivers license number, my address, even my 'last" name will remain unchanged. Debt collectors and law enforcement will not be inhibited by the name change, as that is the "spirit" of publication requirement.

Very unique to the transgender community...
I have found it is much easier to be accepted as "female" (even though I don't necessarily pass) by people that have never known me as "male".
I think this is fascinating from a psychological standpoint, but it really enforces the need to "shed" our old identities as much as possible.