mission in action: taking on name changes for trans+ kids.
Fact: Minnesota is home to about 13,400 trans kids—3.45% of all the State’s youth ages 13–17.
Another fact: for every setting where a trans child hears their correct name, symptoms of depression, suicidal ideation, and suicidal behaviors all decline, with suicidal behaviors dropping most: fully 56%.
So what’s in a name? A whole lot.
But somehow Minnesota’s child name-change law is still stuck in the 1980s. While other states have specific legal tests for gender-affirming name-changes, Minnesota still uses rules created for changing a child’s last name.
Why is that a problem?
Because if parents can’t agree to respect a child’s chosen-name, courts fall back on factors like preserving relationships with a parent, how long a child has had a name, and the “respect” associated with the name. And the parent who wants the change has to convince the court that there’s a “clear and compelling” need for the change rather than the usual best interest test used for most kid-related issues. That almost necessarily creates an uphill battle for affirming parents, and leaves trans kids at risk.
The problem is a big enough deal that the last time a name change dispute went to Minnesota’s Supreme Court, m represented OutFront Minnesota and the Minnesota Lavender Bar Association as friends of the court, arguing for a different test in gender-affirming name-changes.
In that case, In re Application of Soto, the parents couldn’t agree whose last name the child should have, with most of their disagreement centered on culture. But even though Soto wasn’t about a trans child, our brief explained the consequences it could have for LGBTQ+ kids and asked the court to leave room for those experiences when disputes over gender-based name changes inevitably come up.
Though the case ended without a decision, this isn’t the last time Minnesota will have to grapple with outdated laws that don’t respect the reality of trans experience.
We’ll be there when it does.
