Lawsuit dismissed against Ohio judge who denied name changes to transgender minors
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Lawsuit dismissed against Ohio judge who denied name changes to transgender minors

A judge for the US District Court Southern District of Ohio ruled Tuesday that a judge could not be sued for denying name changes for transgender minors.

Stephanie and Kylen Whitaker sued Judge Joseph Kirby when he refused to approve a name change for their transgender child. Ohio law requires that name changes be approved by the probate court.

Kirby “denied the application on the ground that the minor plaintiff was too immature to take such a drastic step at the present time.”

The Whitakers appealed the result in state court, but also brought this action in federal court claiming the procedures used by Kirby denied equal protection for transgender persons. The Whitakers specifically mentioned extensive embarrassing questions as unnecessary procedures.

The court held that judicial immunity applied in this case.

The proper way to challenge an adverse judgment is to appeal, not to sue the judge. Plaintiffs here have appealed Judge Kirby’s decision not to grant their child’s name change to the Ohio Court of Appeals. This is the appropriate way to proceed.

This is one of many recent cases centered on transgender rights