A Montgomery County judge has denied a name-change petition filed on behalf of a trans boy, even though both of the boy’s parents support the name change.
The youth, identified by his mother as “Aidan,” was 16 in September when Common Pleas Judge Bernard A. Moore denied the name-change petition.
Moore couldn’t be reached for comment.
Due to a state Supreme Court ruling about 20 years ago, Pennsylvania judges cannot deny a name-change petition filed by a trans adult simply on the basis that the judge is anti-transgender.
However, when Pennsylvania judges consider whether to approve a name-change petition filed on behalf of a trans youth under 18, they have more discretion in determining what’s in the “best interest” of the youth.
In a one-sentence ruling issued in September, Moore denied Aidan’s name-change petition without explanation.
Earlier that month, Aidan and his mother, who asked to be identified as “Melissa,” appeared before Moore during a brief hearing.
“I told the judge my child has been diagnosed with gender dysphoria and we are here so that his name can match his authentic self,” she told PGN.
She said the judge’s denial arrived in the mail.
“When I opened the [denial] letter, I was literally sick to my stomach. I have to now tell my kid that one judge who doesn’t know him from Adam can deny him his civil right to change his name? When he’s got the support of so many people? That was a hard pill to swallow.”
She said her son was very disappointed.
“Aidan was more sad than angry. I think he did not feel validated,” she said.
Melissa spent about $150 to file the petition, and an additional $200 to advertise the proposed name-change in two newspapers.
“It was $350 I had to spend to attempt to get my son’s name changed and it still hasn’t happened yet.”
She also said Aidan was required to be fingerprinted, though there was no cost for that process.
Aidan, now 17 but several months away from his 18th birthday, hopes that a refiled name-change petition will bring about a favorable result.
“We understand some people aren’t going to understand our journey or accept it,” Melissa said. “But if they exist, thankfully they’ve mostly kept those comments to themselves. We don’t need to be poisoned by that. We are confident and secure with this journey that we feel God has given us, for a reason.”
Melissa said she feels blessed to have Aidan as a son.
“God has blessed me with this transgender child to help pave the way for future transgender children.”
This week, attorneys for Melissa and Aidan filed a new name-change petition on behalf of Aidan, though it’s unclear whether the matter will go before Moore again.
The new petition is fortified by a memorandum of law, an affidavit from Aidan’s therapist explaining a name-change is in his best interest and an affidavit of consent from his father.
Molly Tack-Hooper, a staff attorney at the ACLU of Pennsylvania, serves as lead counsel for Melissa and Aidan.
“The message sent to Aidan was: ‘Trans kids in Montgomery County don’t get to change their names,'” Tack-Hooper said. “Whether or not that’s the message the judge intended to send, that’s how the community interpreted his order.”
She said Aidan’s wishes should be respected.
“Aidan is clearly old enough to understand what this means and old enough to make his own choices about this,” she noted.
Tack-Hooper said attorneys are doing everything they can to ensure Aidan’s privacy.
“Aidan’s out as trans and is a role model in his community, but that doesn’t mean every detail of his life should be in the public record,” she added. “There’s a big difference between being willing to talk about the struggles you face as a trans teen and being willing to publicize your birth name that you don’t identify with, your therapist’s name, your home address and intimate details about what medical treatment you’re getting.”
Tack-Hooper said the ACLU of Pennsylvania is very concerned about the situation.
“We’re not direct-services providers. We’re a law-reform organization.
Generally, we get involved when there’s some reason to believe the system isn’t working right,” Tack-Hooper explained.