The Power of a Gender-Affirming Name

The MacArthur Justice Center represents several incarcerated transgender women in proceedings to legally change their names to conform with their gender identity. Although these state court cases are smaller than most of the cases MacArthur Justice Center typically litigates, they are important because they effect systemic change for transwomen in the Missouri Department of Corrections. 

Experts working with MJC have explained that when an incarcerated transgender individual can change their name, this has a positive psychological effect on their conditions, affirming their gender identity and making everyday life more conducive to mental health wellness.  The desired result is that prison staff will use these individual’s gender-affirming names every day—the same name they already use with friends and family. When emphasizing the importance of a gender-affirming name, no one says it better than our clients:

I have always known my name to be Patricia, but I also knew no one else could know, so the very mention of that name would send me into a panic. When I legally changed my name, I felt so liberated proclaiming to the world “Patricia Elane Trimble will no longer hide behind a door, and she will no longer stand in the shadows doing nothing while so many within our community still suffers!”

Patricia

With being trans, getting a name change is important because it is a step toward becoming the you that you were meant to be. Transitioning can be hard, especially without help… but a name change opens so many doors. From your name change, you can get your birth certificate changed. After that, you change your Social Security card. Then finally, your license. Your complete identity is changed for the whole of the world to see. And that… well that is a pretty damned good feeling to have! You can finally start to really live, and be recognized as the woman you knew you were the whole time.

Chelsea

Unfortunately, transwomen in the Missouri Department of Corrections struggled to get their names changed in Missouri courts.  Early on in investigating name change proceedings for incarcerated trans folks, MJC attorneys noticed a trend that transwomen’s name change cases were getting dismissed for failure to appear. When they asked the court to issue a writ so they could appear and testify, those requests were summarily denied.  These incarcerated individuals faced nearly insurmountable procedural hurdles to appearing without legal representation.  They were effectively barred from this crucial judicial relief. 

To finally have my name changed to who I have always known myself to be is the most wonderful feeling in the world. I am at a loss for words as to how truly happy I am. To be finally at long last to be recognized by my true name is the most wonderful feeling in the world.

For others who like myself know who they are and are still fighting for this recognition, a new name is one of the most important things in their life. Sometimes as important as life its self.

Bree

Gender Affirming labels are literally a life and death situation for the trans community. I’m a student in Ashland University and in the Foundations of Health Communication class (Com 120) I did a speech about how some transgender will not seek medical care if the staff at facilities do not use the proper name and pronouns, even if it is a life or death situation because to not use our names and our pronouns is dehumanizing, degrading, and just plain wrong.

Amber

MJC attorneys work tirelessly to continue to overcome hurdles and reservations that arise with conservative judges in the rural counties where these women are being held in prisons across the state.  Some of the hurdles include prejudice around trans and prisoner rights, judicial deference to MDOC’s administrative and security concerns, general lack of knowledge of the procedures involving monitoring of prisoners, and unawareness of the necessity of these important gender-affirming cases.

MJC’s ultimate goal is not only to get these ladies’ names changed to affirm their gender identity in an oppressive environment, but also to make it easier for other transgender incarcerated individuals to get their own names changed without legal representation going forward.  Toward this effort, MJC attorneys are working to put together information packets to help pro se individuals seeking gender-affirming name changes without needing an attorney.  MJC stands in solidarity and will not give up on the fight for human and civil rights for members of the transgender community.