A transgender man prohibited from changing his legal name because of his immigration classification is suing Indiana state officials. The lawsuit, filed by MALDEF (Mexican American Legal Defense and Educational Fund) and Transgender Law Center on behalf of a 31-year-old Indiana resident, alleges that a 2010 state law requiring proof of citizenship to obtain a change of legal name is unconstitutional. The plaintiff, listed as “John Doe” in the complaint, was born in Mexico and raised in Indiana, where he moved with his family when he was six-years old. Although born and raised as a girl, he has lived his entire adult life as a man and is recognized as a male on all official U.S. documents and his Indiana state ID. However, he remains unable to change his legal name in Indiana because of the 2010 state law that precludes non-citizens, including legal residents, from petitioning the state for a change.
The suit alleges the citizenship provision of the Indiana law is a violation of the Fourteenth Amendment’s Due Process Clause and the Equal Protection Clause that guarantees individuals will not be discriminated against based on their alienage. Additionally, it violates the First Amendment right to freedom of speech by compelling speech from the plaintiff that betrays and falsely communicates the core of who he is, according to the complaint.
If you need an accessible version of any of the following PDFs, contact [email protected]
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Complaint
Court Documents
- Plaintiff’s Motion to Proceed Anonymously
- Text of Proposed Order on Plaintiff’s Motion to Proceed Anonymously
- Affidavit of Plaintiff John Doe re Motion to Proceed Anonymously
- Plaintiff’s Memorandum in Support of Motion to Proceed Anonymously
- Order Granting Plaintiff’s Motion to Proceed
- First Amended Complaint for Declaratory and Injunctive Relief
- Defendants’ Motion to Dismiss First Amended Complaint
- Memorandum in Support of Defendants’ Motion to Dismiss
- Order on Plaintiff’s Motion to Proceed Anonymously
- Plaintiff’s Response to Defendants’ Motion to Dismiss First Amended Complaint
- Motion to Dismiss Claims Against Marion County Clerk
- Declaration of Deputy Director of Marion County Clerk’s Office in Support of Motion to Dismiss
- Plaintiff’s Response to Marion County Clerk’s Requests for Admission
- Brief Supporting Motion to Dismiss Claims Against Marion County Clerk
- Reply Memorandum in Support of Defendants’ Motion to Dismiss First Amended Complaint
- Plaintiff’s Response to Clerk’s Motion to Dismiss
- Reply Supporting Clerk’s Motion to Dismiss
Petition for writ of certiorari to the Supreme Court of the United States
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