(Updated) Backward Virginia judge denies trans woman name change

Julianna FialkowskiLEXIE CANNES STATE OF TRANS — (Updated — May 21, 2014. Name change granted. See below.) Although the state of Virginia is reported to be one of the easiest states to get a name change, an ultra-conservative judge on the Lynchburg Circuit Court denied Julianna Fialkowski a request for a legal name change.

Judge F. Patrick Yeatts was associated with Jerry Falwell’s uber-religious Liberty University prior to getting elected to the bench by the state legislature. Although the state statute requires only demographic information from applicants for a name change, Judge Yeatts denied the request without giving a reason after initially stating the application required ‘extra scrutiny’ after inquiring about her medical history.

Fialkowski’s attorney says there isn’t anything in the state statute that asks for medical information. They’re requesting a second hearing to argue that her trans status is irrelevant to the name change request and should they fail again, they’ll appeal to the state Supreme Court

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At the second hearing the judge either has to grant the name change or see his ruling get promptly overturned by the appeals court. There appears to be no law this judge is going to be able to cite to deny a name change. By throwing a bias tantrum in his courtroom, this judge is creating needless chaos for this citizen of his state.

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Updated – May 21, 2014. Judge grants name change:

“A Lynchburg judge has approved a name change for a transgender woman whose application previously was denied, her lawyer said.

Julianna Tourmaline Fialkowski, 24, had sought the change in December but found out after an early January hearing from a notice mailed by Lynchburg Circuit Court Judge F. Patrick Yeatts the request had been denied. No reason was given for the denial, Fialkowski said.

An email to The News & Advance from Katie D. Fletcher, a Richmond lawyer representing Fialkowski in a second attempt to change the name, said she received a letter from Yeatts today that said Fialkowski has complied with requirements of state law and the application is approved.”

A hearing set for Friday in Circuit Court has been removed from the docket.

http://www.newsadvance.com/news/local/judge-oks-transgender-lynchburg-woman-s-name-change/article_8c13768c-e092-11e3-9e96-0017a43b2370.html

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http://www.gayrva.com/arts-culture/lynchburg-transwoman-denied-name-change-by-former-liberty-university-lawyer-turned-judge/

Julianna Fialkowski

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You, too, can have your heart tugged by Lexie Cannes — an award-winning feature film about a transgender woman. Get it here: http://www.amazon.com/gp/product/0963781332   

LEXIE CANNES STATE OF TRANS is associated with Wipe Out Transphobia: http://www.wipeouttransphobia.com/

Read Lexie Cannes in The Huffington Post: http://www.huffingtonpost.com/courtney-odonnell/



Categories: Judicial, Courts, Transgender, Transsexual, Trans

Tags: , , , , , , ,

7 replies

  1. judge patrick f yeats is a bigot and as well as an incompetent judge. The VA statue regarding name change makes absolutely no requirements for ANY medical information or documentation. Saying the applicant has “not lived long enough” to make this decision is absolutely asinine. He is obviously willfully ignorant in regard to any and all issues outside of his own extremely limited worldview. The applicant has, just as all trans people have, lived her entire life with the self-awareness of her true gender is not her birthgender. Gender is not defined by genitalia nor DNA. Nor is it a choice. It is however tied to neural architecture and has deep spiritual ramifications.
    judge yeats can be contacted at:

    Lynchburg Circuit Court
    hon. f. patrick yeats, Presiding Judge
    PO Box 4
    900 Court St.
    Lynchburg, VA 24505-0004

    Clercks Office
    Tel – 434 455 2620
    Fax – 434 847 1864

  2. Another reason for separation of church and state. I’ve heard of this before. A judge in Texas denied a name change, forcing the applicant to further go to the Court of Appeals in Texas. The name change was then granted but to the added legal expense for the applicant. She should be refunded the application fee required to get the name change in the first place. This is outright baloney.

  3. I went through the same thing in California. the judge i had first tried to say he had not recieved my paper work. I told him that was surprising , i had mine for a week. after i showed him that he was wrong he asked for a note from my doctor , saying it was ok. I had that with me as well/ He didnt know the law and is a bigot, He was easy to defeat because the law was on my side…I enjoyed playing his game, to bad he was an idiot would have been more satisfying

  4. This is just one test.
    She’s should be preparing to lose most everything…

  5. Well she got her name change because she was just arrested for Child Pornography under her new name. Congrats SMDH!!!!

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