Ohio trans candidates challenged for omitting deadnames

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ASPartOfMe
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16 Jan 2024, 7:34 pm

More trans candidates face challenges running for office in Ohio for omitting their former name

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Several transgender candidates for state office in Ohio are facing challenges and even outright disqualification for omitting their former names from petition paperwork under a little-known state elections law, confronting a unique dilemma as they vie for office in increasing numbers in the face of anti-LBGTQ legislation.

Three of the four transgender candidates hoping to win Democratic seats in the Republican-dominated Ohio House and Senate have either been challenged or disqualified for not putting their former name — also called a deadname — on circulating petitions to get on the ballot. But state law mandates that candidates list any name changes in the last five years, though it isn’t in the Secretary of State’s 33-page candidate requirement guide.

Additionally, the petition paperwork does not have a place to list any former names and exempts name changes due to marriage.

Bobbie Arnold, a contractor from West Alexandria who had been certified, has her disqualification hearing before the Montgomery County Board of Elections Tuesday. Arienne Childrey, a previously certified candidate from Auglaize County hoping to run against Rep. Angie King, a Republican sponsoring anti-LGBTQ legislation, has her own disqualification hearing Thursday.

Michigan has a similar elections law, which mandates candidates list any name changes in the past decade, but it’s not clear which others states have one. The Associated Press reached out to several election experts and organizations tracking elections laws, and none were aware of how many states require candidates to disclose name changes.

The Ohio law has existed in some form since as early as the 1920s, and the current version has been in place since the 1990s. It’s rarely been enforced in Ohio over the decades, usually in response to candidates wishing to use a nickname on the ballot.

The latest case involving a legal name change was resolved in 2023 by the Ohio Supreme Court, in which a mayoral candidate sued the Washington County Board of Elections for disqualifying him because he did not disclose his former name on his petition paperwork. The state’s highest court ruled in favor of the board.

Vanessa Joy, a real estate photographer from Stark County, was the first of the candidates to be disqualified for omitting her deadname, despite being certified. She appealed her disqualification but was denied.

Republican Secretary of State Frank LaRose told AP that he and his team are looking into noting the law in the candidate guide, but that his office is not open to changing it.

He said that it’s important for people to disclose who they are and any former identities, so the voters know who is asking to be put on the ballot.

“Candidates for public office don’t get anonymity,” LaRose said, also noting that the guide carries a disclaimer that it does not list every rule and that candidates should seek counsel on any additional rules that could impact them.

But to the transgender community, revealing a deadname — or the name assigned to them at birth that doesn’t align with their gender identity — could lead to personal safety issues.

Joy, Arnold and Childrey all were adamant that if they had known about the law, they would have disclosed their deadname. Running to represent the LGBTQ community is important to them, especially as legislation such as bans on gender-affirming care and barring transgender athletes from female sports are likely to become law in Ohio.

“If I am kicked off the ballot, then I have every intention to refile for the very next election and I will do whatever they want,” Childrey said. “I will put my current name, my dead name, at what age I was potty trained. I don’t care what they want on the form. I will continue to fight this battle.”


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MushroomPrincess
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23 Jan 2024, 6:32 pm

"exempts name changes due to marriage"

That's how you know the law is specifically meant as a f***-you to trans people. Cisgender straight lawmakers ALWAYS make sure there's an exception for themselves, always.



The_Walrus
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24 Jan 2024, 1:01 pm

MushroomPrincess wrote:
"exempts name changes due to marriage"

That's how you know the law is specifically meant as a f***-you to trans people. Cisgender straight lawmakers ALWAYS make sure there's an exception for themselves, always.

It's a law from the 1920s, but yes - there's no good reason why changing your name due to marriage should be OK, but not other forms of name change.



MushroomPrincess
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24 Jan 2024, 1:20 pm

The_Walrus wrote:
MushroomPrincess wrote:
"exempts name changes due to marriage"

That's how you know the law is specifically meant as a f***-you to trans people. Cisgender straight lawmakers ALWAYS make sure there's an exception for themselves, always.

It's a law from the 1920s, but yes - there's no good reason why changing your name due to marriage should be OK, but not other forms of name change.

Trans people existed in the 1920's. Trans people have always existed.

[edit]: But trans people couldn't legally change their name in 1920's America so I guess that's a moot point.



DoniiMann
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24 Jan 2024, 4:26 pm

While I'm actively pro-trans, I'm not sure I agree with the trans stance here. The reason is that I married someone who changed her name other than the name she changed again at marriage. And the fact is, there are some documents that have required listing that change within a certain time frame.

Other documents required listing changes of address over certain time periods. Other laws require keeping certain legal documents for certain time periods. Here in Australia, we saw a few years ago a number of politicians who got in trouble (some losing their jobs) because they didn't denounce former citizenship early enough.

It's simply not just a trans thing. I suspect there are criminals out there who change their names in order to distance themselves from their actions, and governments might want to know about that.

It's simply the way of it that governments want to know all kinds of things about all kinds of changes over specified periods of time.

I've been functioning with an AKA in this district for years. People call me by this name in my sports and the local supermarket, and I'm planning to make the name change legal. But I know for years to come I'll have to record the birth certificate name on the 'previously names' section of any documents that require it. I'll need to keep my birth certificate with the change of name certificate.

A trans person with a dead name is a delicate matter, coming with it's own very real issues. But these documents are rare. And the name tags aren't going to have the dead names if the names have been legally changed. Fill out the forms and don't give them any more power in your head than is contained in a few molecules of ink.


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