Support NeoGAF

[excelsiorlef]

A transgender man is suing the state of Indiana for not allowing him to change his legal name — because he's not a U.S. citizen

But before you dismss this as just the way it goes

MALDEF staff attorney Matthew Barragan said he has not found other states that require citizenship in order to obtain a name change.
"It's really not a case about transgender rights," said Steve Sanders, an associate professor at Indiana University's Maurer School of Law. "It's a case about the rights of legal aliens where, in this case, the impact falls particularly hard and in a particularly dramatic way on a transgender person."
The lawsuit noted that the citizenship requirement in Indiana law, passed in 2010, "was first enacted as part of a measure targeting identity theft and with the specific purpose of making it 'more difficult for illegal immigrants to create new identities.'"
Because the man is a legal immigrant, Sanders said, the state would be held to the highest level of scrutiny to prove why it needs to treat him differently from a U.S. citizen.

The man was born in Mexico, and his family moved to Indiana when he was 6. In 2015, the lawsuit said, the U.S. granted him asylum because of the risk that he would face persecution in Mexico because he is transgender.
Before that, in 2013, he had received Deferred Action for Childhood Arrivals (DACA) status, which allows children who entered the country illegally to stay and receive a work permit.
He intends to apply for permanent residency this month, the lawsuit said, and would need to wait at least three years before applying for naturalization.
He has lived as a man throughout his adult life, he said, coming out to friends and family in 2012. His gender is recognized as male on all official U.S. documents, the lawsuit said, including his Indiana state identification and immigration documents.

State law requiring proof of citizenship for a name change, he said in a lawsuit filed Tuesday, discriminates against him because of his noncitizen status and violates his freedom of speech and privacy to protect his gender identity.
"It is embarrassing," the man said, "and puts me in danger of violence and discrimination."
He is not a U.S. citizen but lives in the country legally. He is a 31-year-old Indiana resident whose name is withheld in the lawsuit, which lists him as "John Doe."
Having his female birth name on his state identification outs him as transgender and has caused issues when the man was pulled over by a police officer, when he sought treatment at a hospital and when he ordered a drink at a restaurant, the lawsuit said.

The police officer didn't understand why a man had a female name, the man said: "He said I was playing games, and I would be arrested unless I showed him my real ID."
He said the female birth name also forced him to lose a job opportunity when he had to explain he was transgender.

...


"The state shouldn't have to force anyone to out themselves as transgender, at constant risk of their own safety, just because they aren't citizens," said Isa Noyola, programs director for the Transgender Law Center.

Some legal privileges apply only to U.S. citizens, but other portions of the law — including the constitutional right to equal protection and due process in the 14th Amendment — treat citizens and noncitizens equally.
Although it is a case based on alienage, Sanders said, it highlights the indignities and legal difficulties that transgender people often face.
"It does put you in sort of an odd situation to have your gender legally changed but still be forced to live under a name that doesn't fit your gender," Sanders said.

http://www.indystar.com/story/news/...']&utm_source=['fark']&utm_medium=['website']

He is recognized as a man on all documents but his birth name outs him every time he has to show ID. This is also a great example of how oppressive anti-illegal immigrant legislation can be on even those who do it legally.

 

[stufte]

Do they let other non-citizens change their name?

 

[numble]

I guess the issue is that his passport would be a Mexican passport, and the US cannot change that. All his US documentation need to be derived from his Mexican passport, I assume--this has been the case in the foreign countries that I have lived in. Like, if he bought an international air ticket, he would need to show his Mexican passport at the airline counter, and there are a lot of issues that would result when there are mismatches.

 

[excelsiorlef]

Do they let other non-citizens change their name?

Article says lawyers found no other states that deny it.

 

[stufte]

Article says lawyers found no other states that deny it.

Right, but I'm talking about Indiana. If they let other non-citizens change their name then there's a great reason for a discrimination lawsuit. Otherwise... maybe move to a different state?

 

[Wolfe]

I guess the issue is that his passport would be a Mexican passport, and the US cannot change that. All his US documentation need to be derived from his Mexican passport, I assume--this has been the case in the foreign countries that I have lived in. Like, if he bought an international air ticket, he would need to show his Mexican passport at the airline counter, and there are a lot of issues that would result when there are mismatches.

Those are edge case type of issues though that don't have any relation to his daily life in this country (and in his state to be specific), in which he is a legal resident. Besides, dude has lived here for 31 years, since he was six, bit different than moving to another country for a period of time.

 

[numble]

Those are edge case type of issues though that don't have any relation to his daily life in this country (and in his state to be specific), in which he is a legal resident. Besides, dude has lived here for 31 years, since he was six, bit different than moving to another country for a period of time.

Actually, I think he is an edge case. Foreigners living here for 31 years typically are at least permanent residents. I think it is common for foreigners to visit the US and not being allowed to change their names in the US.

Article says lawyers found no other states that deny it.

But technically, I think other states don't allow it for people that are not permanent residents. The MALDEF attorney quoted is being lawyerly. The person here does not have permanent residency yet. I think a court could rule that the citizen requirement should be a permanent residency requirement. Otherwise, it is not reasonable to just come to the US as a tourist and change your name.

 

[USC-fan]

granted him asylum because of the risk that he would face persecution in Mexico because he is transgender.

What is that all about?

 

[excelsiorlef]

Right, but I'm talking about Indiana. If they let other non-citizens change their name then there's a great reason for a discrimination lawsuit. Otherwise... maybe move to a different state?

Might not be able to?

I mean normally you can't change your name anywhere except in the State you were born so I imagine that might apply here in that Indiana might be his legal home state?

I'm spitballing here mind you.

 

[excelsiorlef]

But technically, I think other states don't allow it for people that are not permanent residents. The MALDEF attorney quoted is being lawyerly. The person here does not have permanent residency yet. I think a court could rule that the citizen requirement should be a permanent residency requirement. Otherwise, it is not reasonable to just come to the US as a tourist and change your name.

Article says Indiana had to create a specfic law to bar non citizens from changing their name so perhaps the lawyer isn't just being lawyerly

I'm not saying you're wrong.

It's just an interesting case that demonstrates how things many take for granted can fuck over trans folk

 

[Stinkles]

I'm an immigrant and not only was the same law applicable to me, they offer you a one time change for free when you are granted citizenship.

 

[Wolfe]

Actually, I think he is an edge case. Foreigners living here for 31 years typically are at least permanent residents. I think it is common for foreigners to visit the US and not being allowed to change their names in the US.

Well yeah, you're definitely right about that. I was just trying to think of it from the guys perspective. If I had this issue, my international travel woes brought on by the name change would be the least of my worries.

 

[Team Alucard]

That would be frustrating, an obscure law being the only thing preventing you from going full stealth and leaving the past behind you.

But on the other hand, at least he's lucky enough to pass and doesn't have to deal with being outed 100% of the time. Most trans people are not so fortunate.

 

[AlfonzoPalutena]

This is a really interesting situation. I can see why he wants to change his name, but it seems like it could devolve into a beaurocratic mess if he ever tries to leave the US.

Is he totally barred from becoming a citizen? He's been here for 31 years so I imagine the test wouldn't be too hard on him. I think he should try to become a citizen because I imagine that this case could be denied for non discriminatory reasons.

 

[GaimeGuy]

I feel like there should be exceptions for these kinds of things for people who have been granted asylum. That's an admission that the person's native country isn't safe for them, and opening your doors.

 

[Butterfly Witch]

This is a really interesting situation. I can see why he wants to change his name, but it seems like it could devolve into a beaurocratic mess if he ever tries to leave the US.

Is he totally barred from becoming a citizen? He's been here for 31 years so I imagine the test wouldn't be too hard on him. I think he should try to become a citizen because I imagine that this case could be denied for non discriminatory reasons.

You have no idea how complicated these things are. Immigration is far from fair, fast or easy unless you have some big bucks of cash. The test itself is piss easy but getting to that stage is like trying to clear all Souls games at the same with your toes while blindfolded and being attacked by a large swarm of angry hornets.