Changing Your Legal Documents to Match Your Sex: Part 3 of 5

Part 3 of 5: Name Change in the Massachusetts Probate Courts.

Changing one's legal name in Massachusetts is designed to be a fairly easy and straightforward process. Under Massachusetts law, a name change "shall be freely granted unless such change is inconsistent with public interest". Massachusetts General Laws Chapter 210 Sec. 12. All paperwork and fees should be submitted in the Probate Court in the county where you currently reside.

1. Obtain, prepare and submit a Change of Name Petition (CJP-27). This form can be downloaded and printed directly from the Probate Court website, or by requesting one from a clerk of the Probate Court;

2. Submit a copy of birth certificate or naturalization papers;

3. Pay a court filing fee of $165.00;

4. Publish a notice of name change in the local newspaper.

Each county probate court maintains its own specific procedures, so it is important to check with the court clerk before sending in any paperwork.

The Court is under no obligation to investigate or inquire into the motive or reasons that prompts one to change his or her name, so long as the name change is not for an unlawful, fraudulent or dishonest purpose. Assuming that no person files an objection to your petition and the court finds no reason to refuse it, the name change will be approved without a court hearing.

Once approved by the court, it is important to request at least four (4) certified copies. You will need certified copies in order to amend your birth certificate, obtain a new license, etc. Generally, an ordinary copy will suffice for things like checking and savings accounts, shopping clubs, and credit card accounts.

A list of the probate courts in Massachusetts, together with contact and other helpful information, can be found here.

Connecticut Recognizes Right of Same-Sex Marriage

On Friday, October 10, 2008, the Connecticut Supreme Court held in the case of Kerrigan & Mock v. Dep't of Public Health, that same-sex couples have the right under Connecticut state law to enter into marriage.

The Supreme Court decision overturns the ruling of a lower court which had held that state-sanctioned civil unions offered the same rights and benefits to same-sex couples. The decision of the Supreme Court, Connecticut's highest court, cannot be appealed, and will go into effect on October 28, 2008.

By way of history, the Connecticut legislature enacted a statute in 2005 creating civil unions similar to those created in Vermont, New Hampshire and New Jersey. In 2007, when a similar bill came before the legislature which would provide full marriage equality, the legislature tabled it. Meanwhile, eight same-sex couples had brought a lawsuit against the State of Connecticut after each had attempted to apply for a marriage license in the town of Madison, and was denied. The plaintiffs argued that civil unions were constitutionally inadequate, and provided for the unequal treatment of gay and lesbian citizens.

Justice Richard Palmer, who wrote the majority opinion for the court, wrote that the "segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm," in light of "the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody."

Connecticut is now the third state in the nation to recognize the right of same-sex couples to marry, following Massachusetts in 2004 and California in May of 2008. Just like the states of Massachusetts and California, the Connecticut decision only allows gay couples the state benefits of marriage. The Defense of Marriage Act, which was passed in 1996, continues to deny gay couples federal recognition of their marriages, including rights and benefits in connection with Social Security, taxation, immigration and others.

To read the opinion of the justices of the Connecticut Supreme Court in Kerrigan & Mock v. Dep't of Public Health, click here.

To view an interactive map of states that permit civil unions and same-sex marriage, click here.

The above photograph is credited to Shana Sureck for The New York Times.

Changing Your Legal Documents to Match Your Sex: Part 2 of 5

A passport is an essential legal document for every citizen. Without it, an individual will be unable to travel outside of the United States, including to Canada and Mexico.

Part 2 of 5: Passports. Because passports are issued by the federal government, the procedure to obtain a new United States passport that accurately reflects one's name and sex designation is uniform regardless of your state of residence.

To obtain a passport for the first time, an individual must go in person to one of the more than 9,000 passport acceptance facilities located throughout the United States. In order to locate a passport acceptance facility nearest to you, click here. You will need two photographs of yourself, proof of U.S. citizenship, and a valid form of photo identification such as a driver’s license.

In order to effectuate a change of name and sex designation on a passport, a person must obtain and fill out the appropriate form from the United States Department of State website. If it has been less than one year since a current passport was issued, a person can request a new passport free-of-charge by filling out Form DS-5504. If it has been over a year since a current passport was issued, a person must fill out Form DS-82 and pay a $67.00 fee.

In order to obtain a change of name on a passport, an applicant must enclose a certified copy of the court decree granting the name change. For a change of sex designation on your passport, an applicant must enclose a certified copy of his or her new birth certificate, reflecting the change of sex. Certified birth records can be obtained by filling out a Request Form and sending it to the Registry of Vital Records and Statistics.

For further information, visit http://travel.state.gov or visit the National Passport Information Center.