Date: Tue, 28 Jul 1998 18:28:55 -0700 (PDT) From: Ron Buckmire Subject: qrd/trans Date: Mon, 27 Jul 1998 14:41:18 -0400 (EDT) From: Kenneth Sherrill To: kenslist Subject: *QL-ED*: Trans-law news (fwd) ---------- Forwarded message ---------- Date: Mon, 27 Jul 1998 10:52:14 -0700 (PDT) From: Arthur Leonard - Faculty To: queerlaw@abacus.oxy.edu Subject: *QL-ED*: Trans-law news I just saw these two news items, which may be of interest to readers of this list: Pittsburgh Post-Gazette Wednesday, July 22, 1998 STATE JUSTICES GRANTS TRANSSEXUAL NAME CHANGE THE ASSOCIATED PRESS A transsexual man was granted permission yesterday to change his name from Robert to Katherine by the Pennsylvania Supreme Court, which said a lower court was arbitrary in refusing to grant the request. In approving the petition of Robert Henry McIntyre, the justices said the main purpose of the law giving county courts authority over name changes "is to prohibit fraud by those attempting to avoid financial obligations." In McIntyre's case in Dauphin County Common Pleas Court, there was no evidence he was trying to evade debts and no one opposed his request to change his name to Katherine Marie. McIntyre "contends that the trial court's refusal to grant the name change until the sex-reassignment surgery was completed was an arbitrary decision. We agree," the justices said. "The fact that he is a transsexual seeking a feminine name should not affect the disposition of his request," they added. McIntyre, 53, the father of two adult sons, is a maintenance worker for the Harrisburg Parking Authority. He has been divorced since 1983, has dressed as a woman since 1991 and already goes by the name Katherine Marie McIntyre in most aspects of his life. As part of his preparation for a planned sex-change operation, McIntyre must live as a woman in all respects for at least a year. But he has been unable to fulfill that requirement because his employer refuses to recognize him as a woman until his name is legally changed, according to court papers. The county court said it would be deceptive to the public and to McIntyre's co-workers to change his name before he has the sex-change operation, and the Superior Court upheld the decision. McIntyre's lawyers did not return a telephone message yesterday. In a separate concurring opinion, Justice Russell M. Nigro agreed that McIntyre's petition should be granted but said the law also is designed to prevent non-financial fraud, such as a name change intended to give an individual preference on an application for employment. The San Diego Union-Tribune Wednesday, July 22, 1998 LOCAL AROUND THE REGION Council lifts ban on cross-dressing DOWNTOWN -- A city law that makes it a crime for a man to wear a dress in public was repealed Monday by the San Diego City Council in an 8-1 vote. Councilman George Stevens voted to keep the ban. Also repealed was a 1930s-era law that outlawed marathon dancing and other contests that continued intermittently for more than eight hours in one day. The law against cross-dressing was enacted in 1966 to target men who dressed as women for prostitution. "The problem can be addressed by other ordinances that are currently on the books," said City Councilwoman Barbara Warden. Gay activists said the law has been used to harass people. Arthur S. Leonard, Professor, New York Law School ALeonard@nyls.edu or ASLeonard@aol.com 212-431-2156 =========================================================================== = To post to the list, email QUEERLAW@abacus.oxy.edu = =========================================================================== ********** To unsubscribe, send mail to majordomo@queernet.org; put a line saying unsubscribe kenslist in the body. (This may fail if your address has changed since you signed up; if so, or for other assistance, contact kenslist-approval@queernet.org.)