Judge refuses name change in Georgia

 photo Feldhaus_zps2xqi7miz.jpgRowan Elijah Feldhaus submitted a name change petition which Columbia County Superior Court Judge J. David Roper rejected. Rowan's previous name had been Rebeccah Elizabeth Feldhaus.

The question presented is whether a female has the salutatory right to change her name to a traditionally and obviously male name. The court concludes that she does not have such right.

--Judge Roper

Lambda Legal submitted a filing to the Georgia Court of Appeals challenging the denial yesterday.

Feldhaus is 24, a sergeant in the US Army Reserve and works at an Augusta-area hotel. He is being treated for gender dysphoria, receiving hormone treatments...and lives his life as a man.

About a year and a half ago, one of his best friends, who was a bit tipsy at the time, said that if Feldhaus was a guy, he could see him as a Rowan. It was right at the moment when Feldhaus was coming out to friends and family and struggling to find a name that felt comfortable and that name just clicked, he told The Associated Press by phone.

He chose Elijah as a middle name because it sounds similar to his given middle name.

The judge's decision made him feel "insulted and objectified," he said

Roper said he does not approve of changing a name for someone who is anatomically one sex to a name that is obviously used for the opposite sex. He said it can be misleading for the public and can be dangerous if people don't know whether they're dealing with a man or a woman, according to a transcript of a February hearing on Feldhaus' petition.

I will allow a gender-neutral name change that will benefit the general public because I don't want them to have to go through the embarrassing issue of trying to figure out what to do with you when you present, in your appearance today, with a female name, particularly if you had on a uniform and you were dressed like a man.

For that reason, Roper said he would approve a change to Rowan because it is sufficiently gender neutral, but he rejected Feldhaus' chosen middle name, Elijah, because it is clearly a man's name.

Name changes which allow a person to assume the role of a person of the opposite sex are, in effect, a type of fraud on the general public. Such name changes also offend the sensibilities and mores of a substantial portion of the citizens of this state.

--Judge Roper

Feldhaus' attorneys argue that Roper abused his discretion when he denied the name change petition because the denial was arbitrary and based on insufficient and improper reasons rather than being based on evidence of fraud or improper motive. The legal discretion accorded to judges is not an invitation to rule based on private opinions, the appeal says. The lawyers say the judge's denial constitutes sex discrimination and a violation of the petitioner's constitutional rights.

Feldhaus had also submitted a statement to the judge from his therapist saying that changing his name is "crucial" for his course of treatment.

Share
up
0 users have voted.

Comments

PriceRip's picture

          I feel pity for a judge unable to transcend (in this case) his personal bias to render an opinion of this "caliber". There is absolutely no merit (within the rules of law) to the judges decision.

up
0 users have voted.
TheOtherMaven's picture

(I won't dignify him with membership in any branch of the genus Homo, because he is clearly not that evolved!)

Roper should be impeached and removed (if appointed), or booted out of office in November (if elected). Of course, this is Georgia....

up
0 users have voted.

There is no justice. There can be no peace.

Hetrose's picture

His personal "approval" of another person's wishes is Not the point. He is a bigoted a-hole who should not be allowed to sit on any bench in the future. Rowan Elijah Feldhaus, and every other person in this country, should have the perfect Right to change her name to anything she wishes it to be at any time.

up
0 users have voted.

up
0 users have voted.

Pretty sure that Rowan didn't defraud anyone by having the name of Elijah. Would like to see him appeal this all the way up the chain, although that would undoubtedly come with expenses to do so.

up
0 users have voted.

up
0 users have voted.
LinQness's picture

Very happy to hear this.

up
0 users have voted.

"Politics is not evil; politics is the human race's most magnificent achievement." Senator Tom Fries, 'Podkayne of Mars,' Robert Heinlein

Haikukitty's picture

But any parent in the country can name their girl a boy's name or any name at all and that's legal. But if the individual themselves wants to pick a name, then that's a problem?

Honestly, he should just go with Rowan and something generic for the middle name and be done with it. It's totally unfair, yes, but more important that he can get his name changed without fighting a long drawn out battle. Or rather, the battle could still be fought, but this judge should not be allowed to hold up his name change in the meantime.

up
0 users have voted.
Centaurea's picture

And many have done so, in fact. Over the past 30 years, it's become very trendy and accepted in the US for parents to use formerly male names and surnames as given names for their daughters. Think of all the female Madisons, Addisons, Averys, and Aubreys there are now. Rowan itself is now almost as commonly used for girls as it is for boys, according to the SSA baby names database. I'm sure there are some little girls named Elijah out there, too.

(Full disclosure, I'm what's known as a "name nerd". Keeping track of naming trends is one of my hobbies. Smile )

up
0 users have voted.

"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

male from the early 1950s, and I know of a woman of the same name that is older than me.

Who is "wrong" -- she or me?

up
0 users have voted.
LinQness's picture

Language evolves right along with humans. John Wayne's real name was Marion. I don't think too many boys are named that anymore.

up
0 users have voted.

"Politics is not evil; politics is the human race's most magnificent achievement." Senator Tom Fries, 'Podkayne of Mars,' Robert Heinlein

enhydra lutris's picture

as if it were law. What "fraud" would be being committed and what harm would result from it? This usage of "fraud" has no basis in law and is strictly hate speech.

Thanks, Robyn.

up
0 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

wilderness voice's picture

In Cal, the court will not approve name changes to names that (1) are fighting words (the n word, for example) or (2) would cash in on the popularity of a celebrity, which is akin to fraud.

In this case I do not see how the court's reasoning stands up to scrutiny. Gender discrimination is illegal to begin with so there is nothing to be defrauded about in business and professional matters. If the court is trying to protect bigots from "mistaking" someone's gender, a gender-neutral name wouldn't do either, and they would have to impose this rule on baby-naming too. (As a male who was given a gender-inappropriate name at birth I can vouch for the latter not being a bad idea at all, but that ain't gonna happen)

up
0 users have voted.
LinQness's picture

up
0 users have voted.

"Politics is not evil; politics is the human race's most magnificent achievement." Senator Tom Fries, 'Podkayne of Mars,' Robert Heinlein

Diomedes77's picture

It's none of his (the judge's) goddess-damned business what anyone chooses for their own name. At least in any society one could call "free." And it's especially tyrannical to decide this based on some whacked out, troglodyte's view of "gender."

As with same-sex marriage, it's not of your fucking business who someone loves or which gender someone chooses as their own.

It can't be 2016. We must still be in the 50s. The 1850s.

up
0 users have voted.

There is in me an anarchy and frightful disorder. Creating makes me die a thousand deaths, because it means making order, and my entire being rebels against order. But without it I would die, scattered to the winds.

-- Albert Camus

speare's picture

I don't want them to have to go through the embarrassing issue of trying to figure out what to do with you when you present, in your appearance today, with a female name, particularly if you had on a uniform and you were dressed like a man.

WTF is so confusing about someone who looks and dresses like a man having a traditional male name?? His arguments don't even make sense. I hope Rowan appeals this as far as it needs to go.

up
0 users have voted.

Is "J." male or female?

What an arrogant creep. And how typical that this is the kind of person who ends up a judge!

up
0 users have voted.