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Unwanted Name Change Publication

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MacNamara

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am not sure if this is the right forum for this question, but - a few years ago I changed my name as I am transgender and am in the process of transitioning. The state I was living in (PA) required that I publish the name change in a local paper and in a legal journal, which I figured was fine - it would take someone digging through paper newspaper/journal archives to find it in the future I figured. I was very wrong - it turns out the legal journal is part of a public online archive, such that now anyone can literally google my name and the first result is a notice with my old name in it and which automatically "outs" me. This has happened on multiple occasions and I think it might have been the reason I did not get into grad school last year.

It is extremely damaging to my personal life and I was not aware at the time that it would be published on the internet (for apparently an eternity, as far as I know). Are there any grounds on which I can somehow have it removed or any other recourse in this situation?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am not sure if this is the right forum for this question, but - a few years ago I changed my name as I am transgender and am in the process of transitioning. The state I was living in (PA) required that I publish the name change in a local paper and in a legal journal, which I figured was fine - it would take someone digging through paper newspaper/journal archives to find it in the future I figured. I was very wrong - it turns out the legal journal is part of a public online archive, such that now anyone can literally google my name and the first result is a notice with my old name in it and which automatically "outs" me. This has happened on multiple occasions and I think it might have been the reason I did not get into grad school last year.

It is extremely damaging to my personal life and I was not aware at the time that it would be published on the internet (for apparently an eternity, as far as I know). Are there any grounds on which I can somehow have it removed or any other recourse in this situation?
It's public information. I'm sorry.
 

not2cleverRed

Obvious Observer
You could always choose to change your name to something less unique. (Says someone with a very common name.) Then it could just be a case of mistaken identity.

Besides, anyone confronting you has the problem - for starters, they need to get a life.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am not sure if this is the right forum for this question, but - a few years ago I changed my name as I am transgender and am in the process of transitioning. The state I was living in (PA) required that I publish the name change in a local paper and in a legal journal, which I figured was fine - it would take someone digging through paper newspaper/journal archives to find it in the future I figured. I was very wrong - it turns out the legal journal is part of a public online archive, such that now anyone can literally google my name and the first result is a notice with my old name in it and which automatically "outs" me. This has happened on multiple occasions and I think it might have been the reason I did not get into grad school last year.

It is extremely damaging to my personal life and I was not aware at the time that it would be published on the internet (for apparently an eternity, as far as I know). Are there any grounds on which I can somehow have it removed or any other recourse in this situation?
First I want to say that I think it was bold of you to pick a name that reflects your new gender. Many who transition will pick a gender-neutral name. Perhaps they do this to avoid the very issues you apparently are having with your name choice.

Your transition from one gender to another should not affect your graduate school applications, unless you are applying to religious institutions. As you transition, though, you can expect changes in your personal life. There may be those who are uncomfortable sharing bathrooms with you, for example. That is just the way it is.

I know of only one case offhand where the publication of a name-change/gender-change led to a successful suit against the publisher but the facts of the suit were far different than the facts of your situation, and the case was out of California not Pennsylvania. I will see if I can locate it anyway and post a link only if I think it can be helpful to you.

As Proserpina said, name changes are public information.* Some people may have a problem with the information if they run across it online but I suspect most people won't.


edit to add:
I could not locate the California case I referred to earlier but California law changed in 2014 and publication of a name changes (for reasons of a gender changes or otherwise) is generally no longer required. In Pennsylvania, publication of a name change can be waived by the court and records sealed if on petition to the court the publication of a name change can be shown to jeopardize the safety of the individual (and, for name changes due to gender changes, evidence of hate crimes against transgenders meet the "safety" requirement). Not that this helps you, if your name has already been published online - although you can check to see if the database will pull your information.
 
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MacNamara

Junior Member
First I want to say that I think it was bold of you to pick a name that reflects your new gender. Many who transition will pick a gender-neutral name. Perhaps they do this to avoid the very issues you apparently are having with your name choice.

Your transition from one gender to another should not affect your graduate school applications, unless you are applying to religious institutions. As you transition, though, you can expect changes in your personal life. There may be those who are uncomfortable sharing bathrooms with you, for example. That is just the way it is.

I know of only one case offhand where the publication of a name-change/gender-change led to a successful suit against the publisher but the facts of the suit were far different than the facts of your situation, and the case was out of California not Pennsylvania. I will see if I can locate it anyway and post a link only if I think it can be helpful to you.

As Proserpina said, what has been published about you is public information. Some people may have a problem with the information if they run across it online but I suspect most people won't.
Yeah, my first choice was a Catholic university (Notre Dame) - I thought seeing as how they have many non-Christians attending it, however, it wouldn't be as much a problem. I've applied to others this year and so far I don't seem to be having problems, at least I have been accepted into one of them so far.

The problem isn't really with my new name - it's an ethnic name that some might not be able to place very well as either gender because of that. The problem is my old name which is very gender specific, and it is published alongside my new name; between that and the fact that I have also taken the necessary medical and subsequent legal steps to change my gender marker on both my birth certificate and ID, it automatically gives me away if someone finds it.

I am thinking Red's suggestion, insofar as changing my name again, might be something to do. I live in Indiana now and though I've only taken a cursory look (since I started this thread) it seems all I need to do to change my name here would be, besides the filing and hearing, is to publish the notice once every week for three weeks in the newspaper, which (hopefully and I would definitely double check this time around) won't publish each issue online to be googled. If that is so, then I would get the less-conspicous paper trail I was hoping for to begin with.
 

Just Blue

Senior Member
Yeah, my first choice was a Catholic university (Notre Dame) - I thought seeing as how they have many non-Christians attending it, however, it wouldn't be as much a problem. I've applied to others this year and so far I don't seem to be having problems, at least I have been accepted into one of them so far.

The problem isn't really with my new name - it's an ethnic name that some might not be able to place very well as either gender because of that. The problem is my old name which is very gender specific, and it is published alongside my new name; between that and the fact that I have also taken the necessary medical and subsequent legal steps to change my gender marker on both my birth certificate and ID, it automatically gives me away if someone finds it.

I am thinking Red's suggestion, insofar as changing my name again, might be something to do. I live in Indiana now and though I've only taken a cursory look (since I started this thread) it seems all I need to do to change my name here would be, besides the filing and hearing, is to publish the notice once every week for three weeks in the newspaper, which (hopefully and I would definitely double check this time around) won't publish each issue online to be googled. If that is so, then I would get the less-conspicous paper trail I was hoping for to begin with.
I hate to even have to suggest this...But moving to a state that is more "open" in their beliefs might be good for you.
 

quincy

Senior Member
Yeah, my first choice was a Catholic university (Notre Dame) - I thought seeing as how they have many non-Christians attending it, however, it wouldn't be as much a problem. I've applied to others this year and so far I don't seem to be having problems, at least I have been accepted into one of them so far.

The problem isn't really with my new name - it's an ethnic name that some might not be able to place very well as either gender because of that. The problem is my old name which is very gender specific, and it is published alongside my new name; between that and the fact that I have also taken the necessary medical and subsequent legal steps to change my gender marker on both my birth certificate and ID, it automatically gives me away if someone finds it.

I am thinking Red's suggestion, insofar as changing my name again, might be something to do. I live in Indiana now and though I've only taken a cursory look (since I started this thread) it seems all I need to do to change my name here would be, besides the filing and hearing, is to publish the notice once every week for three weeks in the newspaper, which (hopefully and I would definitely double check this time around) won't publish each issue online to be googled. If that is so, then I would get the less-conspicous paper trail I was hoping for to begin with.
I thought not2cleverRed's suggestion was a good one, too. My concern was that, if you changed your name several years ago, going through another name change and changing your documents again could potentially be difficult and a lot of work.

But again, with the way the laws have changed in most states in the last couple of years, the publication of a name change would probably not be necessary. That would help you this time around. You only need to provide the court with a good reason why the publication could jeopardize your safety and, as I said earlier, the hate crime factor works as a good reason. Your name change and records will then be sealed.

I wish you luck, both with the name issue and also with your graduate studies.
 

stealth2

Under the Radar Member
Speaking as the parent of a trans* individual - people are going to know as soon as they next see you. Really. If you are transitioning, you are "outing" yourself. Anyone who has a problem with it? Is the one with the problem. Not you.
 

MacNamara

Junior Member
Speaking as the parent of a trans* individual - people are going to know as soon as they next see you. Really. If you are transitioning, you are "outing" yourself. Anyone who has a problem with it? Is the one with the problem. Not you.
I am into bodybuilding and I am growing a full beard so if it wasn't for the past name being so easily available, I am pretty sure no one besides those few I have had to deal with in regards to legal and medical issues in the past would have a clue at this point.

I asked the database if they could remove the information, still waiting to hear back from them - though I am in some doubt that they would so I am thinking I will start the process of changing my name again shortly. Thanks everyone for the advice and support.
 

justalayman

Senior Member
Yeah, my first choice was a Catholic university (Notre Dame) - I thought seeing as how they have many non-Christians attending it, however, it wouldn't be as much a problem. I've applied to others this year and so far I don't seem to be having problems, at least I have been accepted into one of them so far.

The problem isn't really with my new name - it's an ethnic name that some might not be able to place very well as either gender because of that. The problem is my old name which is very gender specific, and it is published alongside my new name; between that and the fact that I have also taken the necessary medical and subsequent legal steps to change my gender marker on both my birth certificate and ID, it automatically gives me away if someone finds it.

I am thinking Red's suggestion, insofar as changing my name again, might be something to do. I live in Indiana now and though I've only taken a cursory look (since I started this thread) it seems all I need to do to change my name here would be, besides the filing and hearing, is to publish the notice once every week for three weeks in the newspaper, which (hopefully and I would definitely double check this time around) won't publish each issue online to be googled. If that is so, then I would get the less-conspicous paper trail I was hoping for to begin with.
so change your name, again, and seek it be sealed as Quincy described it being allowed.
As to ethnic issues at Notre Dame; not a chance. Their student makeup is extremely diverse.

I guess the question that comes to me is: what makes you think your transgender status is known to anybody, especislly ND?

Here are a couple links from ND that suggest your concerns are unfounded.

http://www.grc.nd.edu/lgbtq-allies/

In this one they even go to the extent of attempting to educate people on the various titles within the [bunch of letters] community

http://ucc.nd.edu/self-help/gay-lesbian-bisexual-transgender-questioning-issues/

Could it be simply that they didn't accept you because you did it meet their qualifications and you are imposing your incorrect beliefs that everybody knows about you and they are actively using that knowledge to deny you anything?
 

quincy

Senior Member
Here is a link to Inside Higher Education, from July 2014, with an article on two cases that dealt with transgender students:

https://www.insidehighered.com/news/2014/07/14/two-legal-cases-illustrate-growing-tensions-over-rights-transgender-students

Problems seem to arise, not in big universities like Notre Dame where the student population is a diverse one, but more in smaller religious colleges and universities like George Fox.

That said, if you differ in any way from a perceived "norm" (regardless of what the difference is), you are apt to run into difficult people who will not only find it hard to accept you, they will let you know it.
 

justalayman

Senior Member
The fact op is claiming some bias was based on Notre Dame. The claim of bias for the transgender issue at ND is simply not true. ND spends considerable effort to remove such bias from their campus. Op makes a claim based on being denied entrance at ND with nothing more than their own bias in mind.

While I surely won't deny there is discrimination against tramsgendered folk as well as the rest of the gay alphabet, I suspect this case is one the op has created within their own mind. I would think it somewhat normal for a trans to see things the way op has (worrying what others think) but I also believe it is often only an issue within the individuals own mind. Transferring their insecurities upon others is actually one reason many people end up having issues with [the alphabet].

I don't care what or who you do but once you start saying; it's because I'm [alphabet], isn't it?

Then I have a problem, but not with [the alphabet] but with you.
 

MacNamara

Junior Member
Oh now they are.

My response to layman:

First, I said it might have been the reason - I tried to allow a margin for doubt in the language as I may not be correct in that assumption.

Secondly, I have an academic profile under my name that automatically notifies me when someone looks at it by indicating how they were redirected and where they are located based on IP. As it is generally one of the first things that comes up when I am searched for along with the notice of name change, I can reasonably assume someone who wants to dig up information about me probably looked at both the profile and the notice (though that may not be the case). All of the grad schools I have applied to so far have looked at that profile at some point including Notre Dame if the IP and timing says anything, so again I figured it likely someone in admissions saw the other information. There may have also been other notifications that I am transgender. I turned in all of my materials on time and my GRE scores are very good so it seemed the most conspicuous reason to me was this issue though like I said, it might not have been. Maybe my statement was not good enough, maybe my recommendations were not strong (waived my right to see them so I don't know), maybe the lab I was interested in decided it did not want new students after all, maybe some combination of all of those, etc., though I will never know. It's actually easier for me to settle on that than to believe I was somehow snubbed academically.

Really not sure why you are getting defensive about that -saying I was alumni of a certain university, I would hardly get so emotional over someone suggesting (hardly asserting and imposing as you claim) that they might have been discriminated against.
 
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