Here's a weird case from a morals
perspective: To what degree should we be able to define our own
identity?
Here's the story:
Judge Rules On Name Change
The problem is that the judge's ruling,
from a strictly legal perspective, is fine. That is, from the
perspective of the law as defined by the State of Oklahoma Judge
Graves is in the right here. There are a number of people who would
prefer not have sex or enter marriage with someone who has had
transgender surgery even as they otherwise accept that it is a
person's right to do so. There is also the legitimate issue of
whether or not the person is legally male even after the surgery has
been completed; the judge's point that person remains male at the
cellular level and then using that for his standard is legitimate.
There are a number of other standards that he could have used, such
as Ingram's ability or inability to become pregnant or if musculature
or skeleton had changed, but that's at the discretion of the judge;
nonetheless, in all of those cases Ingram would have been still male.
The last point is iffy, about the gender change being an effective
disguise, but that one could have gone either way.
Ultimately, from a legal perspective, I
can understand the judge's ruling.
However, it doesn't work out from a
morals level. The judge errs by bringing the biblical quote into the
situation. The problem is twofold: The first is that he may have
erred by adding a religious element, especially when rendering a
judgment such as this given the current atmosphere; the summoning of
the biblical spirit when so many transgendered have reason to hate
the religious was a serious error in judgment.
At the same time, he may have erred
when he decided against the name change. If Ingram really wanted to
demonstrate his change, his name is a vital step. Names have power;
changing his name to represent her new status (pronouns work here, I
believe) is a powerful first step towards solidifying that new
identity. She was attempting to make a point by changing her name to
fit her new persona, demonstrating to her community as a whole that
she had a fundamental change in who she is.
She, through the free will that we were
given by God, was acting to make a change in her life that she felt
was necessary. She did not feel that she was a man, and was taking
steps to change that. This was not a simply or easy solution, and it
was no doubt reached only by seriously considering all of the
different factors involved. She decided that the identity she was
given at birth did not fit her, and so decided to change that. It was
her choice, and, as long as she was willing to accept the
ramifications of that decision, she should have been allowed to make
whatever changes she felt as necessary.
In that regard, the judge erred. If he
is arguing that she could commit fraud by using the female name, then
an equal argument could be made that she was committing fraud by
using the male name. The name no longer reflects who she is and, if
expectations are based on her name, she is not going to get the
behaviors towards her that she is expecting. Worse, as she if for all
intents and purposes a man, she is going to mess with those expecting
a man rather than a woman. The judge is messing with those
expectations on a number of levels, and I'm not sure how correct that
is. Let's just hope Ingram appeals and gets the name she deserves...
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