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Saturday, June 02, 2007

: My day in court :

I wanted to recap Monday's events in more detail, since it was such a turning point in my life and does illustrate some aspects of the TG condition that I want to highlight - namely, unfair treatment in the justice system.

Monday I arrived at the courthouse at 8:30 a.m. Parking was horrendous, probably from the fact that it was Monday morning and the Enron trial is going on, which brings a lot of extra bodies to the courthouse area. I managed to find a bail bonds company that let me park in their extra parking spot for $12. I went in and found my ex-partner already there, looking over the final draft. We said a few words to each other, asking what's going on, and then I went around the corner to find an unoccupied bench to wait for my attorney.

One thing that struck me about her was how awful she looked. She had gained weight, she was wearing no makeup, her skin was all blotchy, and despite $7,000 worth of cosmetic surgery on her eyes, they still had bags under them. I couldn't help but wonder what she's been going through. I know she's now working in California and being a single mom to a special needs child isn't easy. Or perhaps it was from having to catch a super-early flight to Houston that morning - another reason I filed for divorce in Houston, so that she could not file in California and make me do all the traveling. Regardless, I'll admit to a twinge of satisfaction after it was all over and my attorney said, "you're a much better looking woman than she is."

After my attorney arrived, they met in chambers to discuss the case, and my attorney came out to tell me what happened. I had two decrees ready for the judge, one with a gender change and one without, but both with a name change. My attorney told me that the judge flatly refused to hear anything about a gender change, citing a previous case involving someone named "Clark" as the reason. She went on to say that the judge didn't even want to consider my name change even, which would have sent everything back to square one and we'd have had to cancel our hearing and reset for another day. But my attorney argued that since the family code allowed women to change their names as part of a divorce, forbidding a "man" to do it would likely be viewed as unconstitutional, and the judge relented. On the gender question, my attorney insisted that we be allowed to argue the petition in open court to get it on the record, and that request was granted.

So we got up in open court, for all the world appearing to be two women standing in front of a judge asking for a divorce for a legal marriage between a man and a woman. I'm sure to an observer, it must have seemed a touch surreal. But we got through it, with my legal male name repeated over and over, and finally the judge granted the divorce, including my name change. At that point, my ex-partner and her attorney left without a word.

Then it came time to argue my separate petition for a name and gender change. This was my original petition I had filed way back in October in Fort Bend County court that was transferred to Harris County and finally being heard. The first thing my attorney asked me was for my name, and I reflexively gave my old name. She looked at me funny and prompted me by saying, "your name as a result of the previous court order..." and I sheepishly gave my new, female name. That was a small triumph for me, to be able to give my legal name as Michelle in front of a judge. Then she asked me several questions about why I needed my gender marker changed, and what might happen to me if I was required to be publicly transsexual. I also explained why being correctly identified on my documentation was in the public's interest. After we finished, the judge immediately said, "relief on the change of name granted, all other request for relief denied. Good luck." Then she smiled and me, and I respectfully thanked her. And with that, one chapter of my life was closed, and another begins.

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