IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Nu, judge: (X mum mm Comm (2mm nfCummnn Pm &,|mLm1L 1m mun 91M Mammal Dru INTRODUCTION 1 lenurrs an the uf xmnurs mm Com") Sought, sukmg, 0; mm] gm lugAll} mm ":1an pursumn Ohm 2 Thu cm um,- um Ur pnuun and Ur 1mm"; acung undLr [m min: "mm "r [Imung numu's "mm; {mm mhus Sumhrl} suuMLd whom a munnAl rm \mlnuun Ur mm Lqunl "gm undLr l'uunumh [m Umud Sums PARTIES mm," Waran (zuum, l'mhnurjummk (2mm fur-nmm on \pan4 mu; um clungc umma \n ()hm "mm mill) 3 pnnupnl mier -mma gum: "1mm mu muluplL mam meL. and d1, Hg :1 mill) mm child, [udgc 1mm dumd-mmL unjuan ,_u1x, ,\nApanl [m ()hm Dulnm (Zuun nf,\panlS m, )cm Mud, A I pAranx' qu mum b, -de a m'an Count} mm (2mm mm .m 4,2u1x. umh purring mmLde an ngAI "mm mm- mma 14mm,dequ am \mh muluplL mam and mscuggmg :1 mill) [hut c. rm mm chAngc . 5 . an Ohm "mun mm a pnnuplL [111nm A -..- [m gulL ILgnl pnrun ufjudgL [mm on *mur lugh school mung, .has consented to the legal name change [0 tenet-Correct gender ldenmy after consulung \ulh muluple medlcal professxonals and m. hex c. - {0 file peuunn \Vnnen County Probalerjuvemle (:nun for a name change. - femful than she and her eluld be sumeezed L0 nn unfm and unconsumunnal refusal to consult: the nun-e ehnnge apphcauon. d. 'lhe of- ldenmy cause her eluld urepamble hm as case luvoll'es mums of the utmost personal mnmacy. a. Joseph w. Ruby ,udge of the \Vnnen County Common Pleas (:ourL Probaler Juvenlle Dn'lsmn. n. Judge Kuby a place ofbusmess 21900 Memorml Dm'e, Iebanon, OH 450%. Judge Kuby u, at all relevant umesv Mung under color oflaw. JURISDICTION AND VENUE 7. case anses, part, under the laws oflhe Unued State peelfimlly 42 U5 . 198% and {he Il'nurleenlh Amendment [0 {he Umted Slates (Zonsumuon. Court has ,unsdleuon ln [his mum pursuant to 28 ll; 1331. a. The declaratory {chef sought ln matter authonxed by 28 22m and Federal Rule of le Procedure 57. 9. Court an Venue for cause of acuon pursuant 23 us. 1391. lg reSldent of the State In "hmh ls loeneed and subsunual pm of the events or gn'lng use [0 the claim occurred ln 415mm. FACTS NAME CHANGES FOR TRANSGENDER CHILDREN 10. Gender identity is a well-established medical and psychological term that refers to a person’s fundamental, internal sense of their gender. Sex is the gender a person was assigned at birth, which correlates with genitalia. Gender identity matches the sex assigned at birth for most, but not all, people. Transgender people are people whose gender identity does not match their sex assigned at birth. Gender dysphoria is a diagnosis that applies to some, but not all, transgender people. 11. Transgender children typically consistently, persistently, and insistently feel and express a gender identity that is different from their sex assigned at birth. They may begin talking about their gender as soon as they begin to speak and some may express dissatisfaction with their genitals. a. Transgender children are likely to experience gender dysphoria (i.e., distress related to their bodies not matching their gender identity). A pervasive, consistent, persistent and insistent sense of being another gender than the one assigned at birth and some degree of gender dysphoria are unique characteristics of transgender children. Transgender children may state that they are not their sex assigned at birth, or that someone (e.g., the doctor or a religious authority) made a mistake in their gender assignment. b. The prevalence of children identifying as transgender is uncertain due to a lack of reliable data (i.e. fear of familial and societal rejection keeps some transgender people in the closet). Some studies estimate that 5 to 12% of girls and 2 to 6% of boys exhibit behavior traditionally inconsistent with their sex assigned at birth. Gender identification often begins around two years of age. The prevalence of gender identification through adolescence and adulthood is more likely to persist for individuals who first demonstrated gender dysphoria as toddlers. 4 12. Transgender adolescents typically consistently, persistently, and insistently feel and express a gender identity that is different from their sex assigned at birth. Transgender adolescents are likely to experience gender dysphoria. While many transgender adolescents have expressed their gender since they were old enough to talk, still many others do not realize their feelings about their gender until around puberty or even later. a. Transgender adolescents often desire to make a social, legal, or medical gender transition while in school. b. Transgender adolescents are not part of a “new” phenomenon. History suggests that they have existed in a wide range of cultures for thousands of years. Psychologists believe that by adolescence, a person’s gender identity is very resistant, if not immutable, to any type of intervention. The prevalence of transgender adolescents is uncertain. Some research suggests that transgender youth may be as prevalent as 0.5%. c. Transgender adolescents may begin to seek therapy and consider hormone therapy and other methods to suppress the onset of puberty associated with their sex assigned at birth. Gender dysphoria that continues through the onset of puberty or increases at puberty is unlikely to desist. Early medical intervention to treat gender dysphoria is often be recommended by medical professionals for these youth. 13. Numerous medical professionals have opined that living in a manner consistent with one’s gender identity is critical to the health and well-being of transgender people, including children and adolescents. a. The process by which transgender people come to live in a manner consistent with their gender identity, rather than their birth-assigned sex, is known as transition. 5 b. Social transition involves shifting one’s presentation and social functioning so that it is consistent with one’s gender identity. Social transition is a part of necessary medical treatment for many transgender people with gender dysphoria. 14. Transgender adolescents experience rates of anxiety, depression and suicide that are dramatically higher than those among cisgender (i.e. non-transgender) adolescents. This is most likely tied to years of discrimination, internal conflict and rejection from social environments. Transgender children experience victimization from peers, are often worried about puberty, may be hiding their identities outside their homes, and are aware that their bodies are different from the bodies of children of the gender with which they identify. 15. Transgender adolescents, like transgender adults, often experience discrimination, ranging from subtle to severe, when accessing housing, health care, employment, education, public assistance, and other social services. This discrimination often includes assuming a person’s assigned sex at birth is fully aligned with that person’s gender identity, not using a person’s preferred name or pronouns, asking transgender people inappropriate questions about their bodies, or making the assumption that psychopathology exists given a specific gender identity or gender expression. 16. Studies have found that transgender adolescents, like transgender adults, are at risk of experiencing prejudice and discrimination in educational settings. a. In a 2014 study, over half of transgender children in a K-12 setting reported verbal harassment and over one-fifth reported physical harassment based on their gender expression. (Kosciw, Greytak, Palmer, & Boesen, 2014). b. In a 2011 study, approximately 15% of transgender adults reported prematurely leaving educational settings ranging from kindergarten through college as a result of harassment (Grant et al., 2011). This study found that, as a result of discrimination and education 6 disparities, transgender people were substantially more likely to have a household income of less than $10,000. c. A 2011 study has suggested that employment discrimination for transgender people may be related to stigma based on a transgender person’s appearance, discrepancies in identity documentation, or being unable to provide job references linked to that person’s pretransition name or gender presentation. (Bender-Baird, 2011). 17. Social transitioning is important to transgender adolescents and can alleviate some of the risks and harms faced by transgender people. a. Once children are old enough to know that they identify with a gender different from the one they were born with, current medial thinking supports a “social transition” that includes the use of pronouns that matched the child’s gender identity, calling them by the name of their choosing and allowing them to change their hairstyle and clothing to reflect their identity b. A recent study published in journal Pediatrics, found normal levels of depression and only slightly elevated anxiety levels in transgender children who were supported by their families in a social transition, including calling them by the name of their choosing. 18. Calling transgender children by the name of their choosing is likely to alleviate the harm caused by discrimination in accessing housing, health care, employment, education, public assistance, and other social services. 19. A legal name change is necessary to allow transgender children full access to housing, health care, employment, education, public assistance, and other social services. a. Government and social service agencies often require a legal name change. Transgender children often face difficulties when presenting legal documents that don't match their chosen name or gender identity. 7 b. In order to update the name and/or gender on an Ohio ID or driver’s license, a transgender person must submit a court order certifying the name change. If changing only the gender marker, a BMV Declaration of Gender Change form signed by a physician or psychologist/licensed therapist certifying the applicant's gender identity may be submitted. c. Ohio recently enacted new guidelines to obtain a state-issued driver’s license or other credential for access to federal facilities or services, such as airport security screening by the Transportation Safety Administration. Ohio residents seeking such a document are required to provide documentation proving their name and date of birth, such as a Social Security card, birth certificate or passport and additional documents proving residential address. i. If a resident’s current name is not the same as the name listed on a resident’s birth certificate, a resident must provide a certified copy of a court order granting the name change in order to obtain a compliant identification. ii. The State of Ohio refuses to correct the gender markers on transgender people’s birth certificates regardless of what steps a person may have taken in order to obtain recognition of their gender identity. A number of transgender people have challenged the constitutionality of this refusal in this Court. Ray v. Himes, S.D. Ohio No. 2:18-cv-00272-MHW. 20. Many transgender people are typically perceived by others accurately and consistent with their gender identity. A transgender person who has official documents, such as a driver’s license or school records, with an incorrect name is burdened with an identity that conflicts not only with the person’s gender, but also with how others perceive the person. A mismatch between a transgender person’s chosen name, gender identity, or name on official documents can subject 8 that person to harms, including interference with the person’s ability to pass background checks and obtain benefits that persons without such a mismatch routinely enjoy. 21. Denying transgender people the ability to change their names to a name that matches their gender identity reveals private information in contexts where this information would otherwise remain undisclosed (e.g., at a new job), regardless of whether a person’s transgender identity may otherwise be known by others (e.g., to friends or family), and regardless of a person’s desire not to disclose that personal information. a. Transgender people denied the ability to change their names are deprived of significant control over the circumstances surrounding disclosure of their transgender identity, including when, where, how, and to whom their transgender identity is disclosed. b. The ability to exercise control over the circumstances surrounding disclosure of their transgender identity, including when, where, how, and to whom their transgender identity is disclosed, is important because transgender people are often subjected to violence or harassment. 22. To obtain a legal name change in Ohio, an applicant must submit a petition to the court. a. Ohio Rev. Code § 2717.01 provides that at least 30 days before the hearing, the applicant must publish notice of the hearing in a newspaper, though publication requirements can be waived for the applicant’s personal safety. i. Depending on the nature of the offense, applicants with prior criminal convictions may not be eligible for a name change. ii. An application for change of name may be made on behalf of a minor by either of the minor’s parents, a legal guardian, or a guardian ad litem. 9 b. The statute provides that that if the facts set forth in the application show reasonable and proper cause for changing the name of the applicant, the court may order the change of name. c. The Ohio Supreme Court has instructed that when deciding whether to permit a name change for a minor child pursuant to R.C. 2717.01(A), a court must consider the best interest of the child in determining whether reasonable and proper cause has been established. In re Willhite, 85 Ohio St.3d 28, 32, 1999-Ohio-201. i. Most of the factors, however, that the court is to consider deal with the change of a minor child’s surname, not first name, and, as a result, have no relevance to the name change of a transgender child. These name change requests typically arise in the context of divorce or custody proceedings. ii. The Ohio Supreme Court in In re Willhite said: [I]n determining whether a change of a minor's surname is in the best interest of the child, the trial court should consider the following factors: the effect of the change on the preservation and development of the child's relationship with each parent; the identification of the child as part of a family unit; the length of time that the child has used a surname; the preference of the child if the child is of sufficient maturity to express a meaningful preference; whether the child's surname is different from the surname of the child's residential parent; the embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent's; parental failure to maintain contact with and support of the child; and any other factor relevant to the child's best interest. d. In the context of name changes unrelated to a child’s surname, Ohio courts have held: A court should deny a change of name if the change would involve a potential for fraud, if it would interfere with the rights of others, if the change would permit the applicant to avoid a legal duty, or if the change was in some way contrary to the strong public policy of the state. In re Wurgler, 136 Ohio Misc.2d 1, 2005-Ohio-7139, ¶ 11. 23. There is no government justification to support a refusal to provide transgender children with a name change as part of social transitioning. 10 FLAINTIFFS NAME CHANGE APPLICATION Hum pAanls cumLde an ngAI mm ana-umu gum: "mm m; um] and cnngulung \mh mum'le mam pme, mg "uh mm child, -nugh| mm umlmuu um 3mm} and ,g mm undu [from [he Lmdnu (I m1, u- mm :1 cnuml L'umpunun mxugmc dqm- :uppuns |hc pLuLmn rm um chAngc mam clungmg hm ILgnl um mu, Anmu}, m1 suxudnl denuunS/mumpls "mu pr ,Lm pupuhuun, Inch "nut, (10E uan an school, Hugh! :1 mm Imam mm "mm .g on numm>> hun S|udan [1.5 ILgnl '11 Also In on Im- in .. pun, dm u's 1mm, (01]ch uc. - |)ffn1L|d -nnmL \umld mu mm'm uh |hc "gm; "mum ur mum. to (ml A dug -um mum the puNxL' puhq ur the 5mm mom", 26. --Appum {or a Mm judgL mm, unjum 2(118, ummnp| 01'1le xx Mmchu] \hnlm - um sulung [m mm rm purpusl. -\pl'uncd the mun [hm 31hr thuLd, hasui on Ind _l1m, th bun gum}; mm!" {urnbmun w: mm, and, nnd,\\L um\\L )an (:hnmn'snugpm] and, un, through Anmm uh mm - that m1 1ka Should go through, m1, "um cummch [hm H's - I)le mums! 'l'lII IercAdmgnu, UL, -- cum from {mum prulc ll 1 had A lcucr from deICAl .p - judge gum eheuugh 11m of me erlanI bung b- ehemm emumee uS um um 11m :1 judge em- chuol, ahhnugh a ppmue, unable to change pcrmancm rmurdg \uLhnuL a mun nppmung me ehmge, - ng ue [dd (Yr, 15) muficd: --1'he 111g m} um, . .heummpuee ~,and 50.111th ub: Lul me uld 11st uhere nu name 1e nu namc and, jug. .111 legal dueumem~ and ucruhmg ha. eu m} name (m u, amp. --judge Km 11m ehe namc change "as m3 fur (re p, 19.) muege and "emeegenq nunuon. on of \pr judge made .1 numbee of mqumLs |hc hnslur} 01- 1m gender and med 41mm -cuun&clmg and ananml hnrmonc 11,14) judge Km Led pusuxml and m'cludm qucsuflns, Such AS "huhcr-"as 1gnanIsurgcr} 11.1113 22) judge Kubj alm asked .1 sans abnuL Iueh - usui .11 school: '1'111-1 (10131112 .Inm mm a femalc'g (lemom, nghe: Imcan u'e um, Ixmuld probablj gum emuble 0:111 1e.. called out (m 11 111 d.d, on), I. [In me asuucnfsomcbud} 1' asmale: male's 1' 1an? MS rm, um, nonrgendcred baLhmum, p. 211.) judge Rub} .denuu .15 beu, M. [In rcsulL ofmedu ememge urehe um 12 .mm b} mm" 'plmn (I) me the . \thn ma you, uh, hen the: IIeteh centes hetselr as a hen CUmLIOumand uthatshe,she - A a, we, ahang, 'nlh (.OUR of hen he [(netlyn )ennet] made the pnpees, and, nns, et Lend of theng> fl NO I detn'tbehete so, 'ouu'r' et about the me that tt ()fmadc headhnes 313(qu a yen, and, a haliago: . . . has [alkmg 313(qu an the ttansgendee nete cntneng out In the papee> [1,677.) Intet tn the heanng,jndge Ketby returned [0 hne on my: COURT: SI) yeat, and, half your pneents knen, and, the "odd knen, hm\ Utn, thete. nlnays been a {eehng ofdn, . et th ns far bach as I eetnetnbet really . But then around hen 1 lenmed you can be I, 1 nnd, you 1 as hhe that's nhat I has th setabont hatI 0mm hat's nhat I "as teretnng a cuuplc ye and, nete . aenng, they nete edennryeng them eh 1L Uh, because no ago hen et bet the papets, ctanng themsehes - tnlheng abnuL nucr struck me because he teansgendet or bach then nt am they actually go the physecali nt ntncejennet, tthe stnge nammally it): et, tnaybe eyen . |a]110\c( the \mrld, (re. p. 2272 27. )udgc Ketby _change on June 22,2015 stanng they Cannot apply it): a name change agmn unul the (Yunfir becmnes an "adult." copy nrthe denyeng the nntne change es ns B. n, In hes Ruby smd' we (met es In v. Agl. )etelop. Mntnee. Impalhcut the parents of the chew and theet desete nssnage theet nce, the (tuna esn't sny "no" [0 the nntne change. we (:nntt es setnph- sayeng "not .\nd Lake Uf}0ufEUR0mm01kld\\ hghe usc name Jon ace an meannme, long ae- n's not an reanelnlenl purposea, 1), ln lug dcua m, )udgc Kleln mu find Ihal name change "nuld lnmhe a rne fraud, "nuld \ulh lhe ofmhc pcrmu :mm] a elem, or leS na; (unler pullq of 11L 28. llell fur-namc change ma Ma} 4, mm. A heanng . chednlell on ehe apphcaemn; nu mn has been Bulb parcmg cunSLde |u legal name change Ln alenun allee congulung \ulh dencal pmre annals and dnscu ang \ulh a, -nagln analen and derL. -a p, b, n. - changmg Ills legal name a cnncal componan mmgaee anale mm under |hc cm mu [It A, ncmmu Supports pculmn roe-legal name change bccal and suludnl n. - pee. anS male all selungs lncludmg nel, school and Dr>> - eleleemlneel ehal no Signlficmu m-n 'ghl, .napnlaun, ne and trend, elec Inch "uulg" hum slafhnd [Ins namc also bc on lug pal hl a name change bccall legal name .5 (m nnmemn, ducumcn ae school, \'pnrl, elmee a llceme, collch eec. 4- mu \ulh ugh mu sucking name change fur puepusemlnand -aame change . ufmerg ne pemnl-m axmd a legal elem. - name change nul cumer ehe publlc pullq of ehe nl'Ohln, l4 3U. Ln file Ln. - (m correct geneler ulenun and gang 1n nen name 2015. legal name re a cnncal complmene nuugaee analen, anel suludnl - name change Warren (inunn l'lc - . lldeen, Medlcal (tenlee heen ln mg as ehe mun nughe ereaemeneelue anuen anel mm under ehe ppnrec ehe peuunn fur- legal name change be au.e changmg ldcaLlunS/fluempls oficn precene ln pnpuhuun, ae school, "uulS" lhem en smffalnd seuelenes -legal name also he on lhen (Ls a legal name change lxmusc lhur legal name As on numcmus uncumenls elc. - nneseelangehe name change nupurpnsemllraud -name change noulel nu| ehe nghec of mhers ne pcrmu- L0 a legal purl, dm cr's hcen, cullege -name change ls nne cnnuan ehe puhlac puhq of ehe slam uthm, 31. - has nu| filed an lhe name change laecauce che uneuual anel emhaeea lre emene b} judgL Kath}, 'z'i PATTERN AND PRACTICE )uelge Karl); hag a panern anel pmcucc of ereanng name change reuue, [mm ermsgendcr aelnleccems lln'l'ereneh Ihan neher name change reuu 0n ame ela_\ ehal judgL Kath} demeu -name change rcqucfl, judge hm neher ermsgendcr name change see \X'arren (:nune No 201871955; Warren Count) Nu, 70181;"th Redacted coples of |heexe dcusmns arc AS and 1). )uelge Kath} used ndmucal language In elem mg all nrehe name change (Lqum [mm ermsgendcr adolcgcuus. 34. The name change applications review by the Warren County Common Pleas Court, ProbateJuvenile Division, in 2018 are summarized in this table: Case # File Date Disposition Transgender Hearing Officer 20189085 5/21/2018 Granted No Magistrate 20189084 5/16/2018 Granted No Magistrate 20189083 5/11/2018 Granted No Magistrate 20189082 5/10/2018 Granted No Magistrate 20189078 5/4/2018 Granted No Magistrate 20189077 5/2/2018 Granted No Magistrate 20189076 5/2/2018 Granted No Magistrate 20189075 4/25/2018 Granted Transgender (Adult) Judge Kirby 20189073 4/24/2018 Denied Transgender Minor Judge Kirby 20189069 4/12/2018 Granted No Magistrate 20189061 3/30/2018 Granted No Magistrate 20189060 3/30/2018 Granted No Magistrate 20189059 3/30/2018 Granted Transgender (Adult) Judge Kirby 20189055 3/27/2018 Denied Transgender Minor Judge Kirby 20189054 3/23/2018 Granted No Magistrate 20189052 3/21/2018 Granted Transgender (Adult) Judge Kirby 20189050 3/19/2018 Granted No Magistrate 20189049 3/19/2018 Granted No Magistrate 20189045 3/13/2018 Denied Transgender Minor Judge Kirby 20189043 3/9/2018 Granted No Magistrate 20189042 3/6/2018 Granted No Magistrate 16 Case # File Date Disposition Transgender Hearing Officer 20189040 3/5/2018 Granted No Magistrate 20189039 3/5/2018 Granted No Magistrate 20189036 3/2/2018 Granted No Magistrate 20189035 3/2/2018 Granted No Magistrate 20189034 3/2/2018 Granted No Magistrate 20189030 2/23/2018 Denied No Magistrate 20189028 2/21/2018 Granted Transgender Minor Magistrate 20189026 2/15/2018 Granted Transgender (Adult) Judge Kirby 20189016 2/5/2018 Granted Transgender (Adult) Judge Kirby 20189015 2/2/2018 Granted Transgender (Adult) Judge Kirby 20189013 1/26/2018 Granted No Magistrate 20189009 1/19/2018 Granted No Magistrate 20189005 1/5/2018 Granted No Magistrate 20189002 1/2/2018 Granted No Magistrate 20189001 1/2/2018 Granted No Magistrate 35. A review of the 2018 name change applications by the Warren County Common Pleas Court, Probate-Juvenile Division, in 2018, shows that Judge Kirby has a pattern and practice of treating name change applications by adolescents differently than other name change applications. a. On information and belief, Judge Kirby has instructed that all name change applications from transgender persons be assigned to his docket for a hearing. Typically, name change application hearings are conducted by a magistrate judge. Judge Kirby has not conducted any name change hearings for non-transgender individuals. 17 b. In 2018, Judge Kirby has denied each and every name change applications by transgender adolescents when he conducted the hearing. The only name change application by a transgender adolescent approved by the Warren County Common Pleas Court, ProbateJuvenile Division in 2018 was after a hearing conducted by a magistrate judge. 36. On information and belief, Judge Kirby has demonstrated animosity towards transgender adolescents seeking a name change without any rational basis. a. Judge Kirby has ignored evidence presented by the parties from medical professionals suggesting that the name change is in the best interest of the child. Instead, Judge Kirby has substituted his own archaic views. a. The questioning by the Court in the Whitaker matter demonstrates that Judge Kirby is unwilling to accept the view of professionals that gender identity may be expressed by adolescents and that by adolescence, a person’s gender identity is very resistant to any type of intervention. Instead, Judge Kirby expressed a belief – based on no evidence in the record – that the adolescents seeking a name change are motivated because they saw Caitlyn Jenner on television. b. Judge Kirby is not making an individualized determination about the best interest of each child but, instead, is motivated pre-existing notions about towards transgender individuals. Instead, Judge Kirby relied on sex stereotyping based on a perception that the behavior of transgender adolescents transgresses gender stereotypes. c. Judge Kirby did not make any findings that the name changes sought by transgender adolescents would involve a potential for fraud, would interfere with the rights of others, would permit the applicant to avoid a legal duty, or were in some way contrary to the strong public policy of the state of Ohio. 18 37. Judge Kirby’s actions against are causing, or are likely to cause, substantial, immediate, and continuing damages to Plaintiffs’ children because changing their legal names is a critical component to mitigate depression, anxiety, and suicidal ideations/attempts. COUNT I (DECLARATORY JUDGMENT – VIOLATION OF EQUAL PROTECTION PROVISIONS OF UNITED STATES CONSTITUTION) 38. Plaintiff repeats and incorporates all of the allegations of this Complaint, as if fully set forth herein. 39. The Fourteenth Amendment to the United States Constitution provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” 40. Judge Kirby has facially and intentionally discriminated against transgender people based on sex. By not permitting transgender adolescents to use a name that fits their gender identity, the court in maintaining a classification reflecting sex contrary to their gender identity, causing harm as a result. 41. Discrimination based on sex-related considerations also includes, but is not limited to, discrimination based on gender nonconformity, gender identity, transgender status, and gender transition. 42. Plaintiff, acting as individual “classes of one” have been treated by the Defendant differently from others similarly situated without a rational basis for doing so. Judge Kirby violated the Equal Protection Clause's prohibition against sex-based discrimination when the judge treated transgender adolescents unfavorably because of their gender identity. 43. Discrimination because a person is transgender is discrimination based on a sex-related consideration, which requires courts to apply intermediate scrutiny when evaluating the constitutionality of Judge Kirby’s actions. 44. Alternatively, discrimination because a person is transgender requires courts to apply strict scrutiny when evaluating the constitutionality of Judge Kirby’s actions. Government discrimination against 19 transgender people because of their transgender identity bears the indicia of a suspect classification requiring strict scrutiny by the courts. Transgender people have suffered a long history of extreme discrimination and continue to suffer such discrimination to this day. Transgender people are a discrete and insular group and lack the political power to protect their rights through the legislative process. Transgender people are a relatively small minority, and have had limited success securing express federal, state, and local protections specifically protecting them against discrimination, and have been and continue to be regularly targeted by anti-transgender legislation, regulations, bills, and other government action. 45. Judge Kirby has facially and intentionally discriminated against the Plaintiffs in violation of the Equal Protection guarantees of the 14th Amendment on the basis of sex and transgender status by depriving transgender adolescents the ability to change their name. Non-transgender adolescents are not deprived of this ability to change their names. 46. Defendant’s actions deny transgender people, including Plaintiffs, access to legal documents and the ability to legally change their names. Defendant’s refusal to allow transgender children to change their legal name erects a barrier to the full recognition, participation, and inclusion of transgender people in society and subjects them to discrimination, privacy invasions, harassment, humiliation, stigma, harm to their health, and even violence. 47. Plaintiffs are entitled to a declaratory judgment that Judge Kirby has violated Plaintiffs’ right to Equal Protection guaranteed by the Fourteenth Amendment to the United States Constitution. 48. Pursuant to 42 U.S.C. §1988, Plaintiffs are entitled to her attorney’s fees incurred in bringing this action. COUNT II (DECLARATORY JUDGMENT -- 42 U.S.C. §1983) 49. Plaintiffs repeat and incorporate all of the allegations of this Complaint, as if fully set forth herein. 20 50. Judge Kirby violated the Equal Protection Clause's prohibition against sex-based discrimination when the judge treated transgender adolescents unfavorably because of gender non-conformity. 51. Plaintiffs are entitled to a declaratory judgment that Judge Kirby has violated 42 U.S.C. §1983. 52. Pursuant to 42 U.S.C. §1988, Plaintiff is entitled to her attorney’s fees incurred in bringing this action. PRAYER FOR RELIEF Plaintiff respectfully requests the following relief: • • • Judgment Declaring that Defendant has violated Plaintiffs’ right to Equal Protection guaranteed by the Fourteenth Amendment to the United States Constitution and prohibiting further violations. Judgment Declaring that Defendant has violated 42 U.S.C. §1983 and prohibiting further violations. Court costs and other reasonable expenses incurred in maintaining this action, including reasonable attorney’s fees as authorized by 42 U.S.C. §1988. 21 Respectfully submitted, /s/ Joshua R Langdon Joshua R. Langdon, Ohio Bar #90956 Josh Langdon, LLC 810 Sycamore Street, Fl. 2 Cincinnati, Ohio 45202 Phone: (513) 246-1400 Fax: (513) 263-9000 E-mail: josh@joshlangdon.com /s/ Joshua A Engel Joshua Adam Engel (0075769) Anne Tamashasky (0064393) ENGEL AND MARTIN, LLC 4660 Duke Drive, Ste. 101 Mason, OH 45040 (513) 445-9600 (513) 492-8989 (Fax) engel@engelandmartin.com 22