Julianna Fialkowski caught the wrong judge in her first attempt to change her name to reflect her gender. And in Julianna's mind, the reason for denial was discrimination.
The 24-year-old Fialkowski had just completed her first year on hormone therapy when she applied for a name change with the Lynchburg, VA, Circuit Court in 2013.
She was asked by Judge F. Patrick Yeatts to appear at a hearing in January. At the hearing Yeats asked about her medical history in regards to transitioning, including whether or not she had had any gender-related surgery. Yeats then said the case deserved "extra scrutiny" and would be placed "under advisement."
I'd been dealing with trying to actualize this for about a decade.
--Fialkowski
A few weeks later Fialkowski received notice by mail that her request for a name change was denied.
I hadn't faced any discrimination up until this point.
--Fialkowski
What is really strange is that Virginia laws regarding name change are considered to be the easiest in the nation. Applicants must fill out a couple of forms and pay a small fee. When a local advocacy organization sought legal advice to help Ms. Fialkowski, lawyers were surprised to discover there were ever any denials.
The county clerk's office said that a reason for denial should have been given when the name change was denied. No reason had been provided by Judge Yeats.
There is nothing in the statute that requires the applicant provide medical information. The application merely requires some demographic information (e.g. name, address, parent's names, prior name changes etc.) and whether or not you are a felon or are incarcerated.
The statute indicates that the name change will be granted unless the name change is being done for a fraudulent purpose or infringes upon someone else's rights.
--Katie Fletcher, attorney for Fialkowski
Fletcher says that name change requests in Virginia are routinely granted or denied in keeping solely with the statute.
We will not be presenting any medical information, we will not answering any questions about medical information, and if the judge denies it again, we'll appeal it to the Supreme Court of Virginia.
--Fletcher
Yeatts was counsel for Jerry Falwell's Liberty University in the 1990s and was a legislative aid for state Sen. Stephen Newman when Newman wrote Virginia's constitutional ban on same-sex marriage. He was elected to his judgeship in 2011 by the General Assembly.
Last year transman Jacob Haley was denied a name change after he was asked for medical records as well. At a subsequent hearing a the judge in the case repeatedly referred to Haley as "she" and "miss". Haley was eventually granted a name change.
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Ms. Fialkowski had another hearing before Judge Yeatts scheduled for tomorrow. But that hearing has now been canceled after Fletcher received a letter from Yeatts yesterday afternoon
saying he has determined that Fialkowski has complied with the requirements of the state law and the name change is approved. The letter did not explain why the name change was initially denied.
Julianna Tourmaline Fialkowski is a student at Lynchburg College who moved to Lynchburg 7 years ago. She says the process has caused her "a very unique kind of mental anguish."
I'm just pleased she can get on with her life now. I'm thrilled for her and proud of her for sticking [with the case] for everything she had to go through.
--Fletcher