Why does Chelsea Manning need a judge's approval for a name change?

This article states that the name change would be the first step in having her gender recognized, but why would she need approval for a name change in the first place?

I thought that you could legally call yourself anything you want, as long as you weren’t attempting any type of fraud. Not so? Different from state to state, or what?

You can call yourself whatever you want, but if you want a legal name change, military or civilian, you still go through a judge. Since Manning is in the military, it’s a military judge changing the name.

Is there some kind of exception for marriage? All I did to change my name on my Social Security card and driver’s license was fill out a form.

A legal name change is usually necessary to get a new ID, social security card, etc. You can still use whatever name you want in private matters, but as far as the government is concerned, you need to go through an official process to change your name.

If you’re getting married it’s usually just a matter of filling out a form, but name changes for other reasons may have to go through your local court system (or the military courts in this case.)

And if there is an exception for marriage, could a spouse also change their first name under the circumstances? Can either spouse? What did Jack White do?

My understanding is that it’s not so much a “marriage exception” as the paperwork for the name change and the marriage license end up on the same sheet of paper in most jurisdictions to make it easier on people.

Husbands can and do change their name to match their wife’s name, but friends of mine that have done so remark that getting the various clerks to accept it is a bit more of a pain.

It depends on the law where you get married. Most jurisdictions have a simplified process for changing your name when you get married. On the flip side, the Province of Quebec does not consider marriage valid grounds to change your name: http://www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm#names

Manning is also a convicted felon.
As such, his rights are limited during the term of his incarceration and likely for a considerable period of time after his release.

Anything that would or could make identifying him in case of an escape more difficult would have to be carefully scrutinized before being allowed.

That depends on the jurisdiction - the marriage license application in my city had a space for “Bride’s new surname” and another for “Groom’s new surname” when I got married 27 years ago.

Her, please.

I am not an attorney but I believe common law says your legal name is, by definition, the name that you have a habit of going by. Hence, NO, you do NOT need to go through any kind of formal procedure to change your name LEGALLY.

I think the situation in the OP is an exceptional situation. When you’re in an institution, it’s difficult to establish that you “go by” some name other than the name by which the institution has you documented.

According to the linked article, and every article I’ve read locally, it is a state district court judge (Leavenworth County Judge King) hearing the request.

Common law name changes are still theoretically legal in Kansas, but if you want your name changed on your birth certificate and driver’s license, you must bring a court case to do it (the one exception being with a marriage in which a name change is automatic if you want it.)

Below is the general statutory procedure for a name change. It’s easy, and the legal standard is only “reasonable cause:”

60-1402. Change of name of person; notice; order. (a) Petition. A petition may be filed in the county in which the petitioner resides stating: (1) That the petitioner has been a resident of the state for at least 60 days, (2) the reason for the change of name, and (3) the name desired.
(b) Notice. Service of notice of the hearing may be made either by mail or by publication, in the discretion of the court. If notice is directed by publication, such notice shall be published as provided in subsection (d) of K.S.A. 60-307, and amendments thereto; and if notice of hearing is directed to be given by mail, service of notice may be made by registered or certified mail to parties of interest, as prescribed by the court.
(c) Order. If upon hearing the judge is satisfied as to the truth of the allegations of the petition, and that there is reasonable cause for changing the name of the petitioner the judge shall so order.

I’m pretty sure all she really needed to do was e-mail TubaDiva and get her to change it. Those request typically only take a day or two.

As far as I’m concerned, he can have his gender recognized in 20 years, after he’s done his time and is no longer a prisoner trying to garner sympathy for his plight.

At the other end, my divorce forms were pre-printed with a space to indicate if the plaintiff wished to resume using her maiden name when the divorce was finalized, as if it were unthinkable that the plaintiff might be the husband.

I crossed out “plaintiff” and wrote in “defendant.” No one said anything, so I have to assume my ex is legally using her maiden name now. :slight_smile:

Who said anything about gender? This is a factual question about the legalities of name changes. Surely no doper would be so gauche as to make irrelevant transphobic potshots in a purely informational thread.

In many jurisdictions, you need to file with the district or circuit court to legally change your name. When I live, it requires the payment of a filing fee, the public posting of your proposed name change to allow anyone to challenge it, and then a short conversation with the judge (I did mine over the phone) to finalize it.

Here in Oregon, you can change your name when you marry by filling out the appropriate space(s) on the marriage license form. If you divorce and you want to retake a name you legally had before the marriage, the court will grant your name change with the final dissolution.

In my case, when I divorced, I decided to select an altogether new last name that had nothing to do with my father’s last name or that of either of my spouses. I had to go through the process discussed in the first paragraph.

The OP, for one;

Who said anything about transphobia? I don’t hate transpeople; I hate Manning and I hate the way Manning is trying to milk gender politics for sympathy and distract people from the reason he’s in prison in the first place, and I find the sudden timing of his declaration that he’s trans right after his conviction to be suspect when up to that point he’d been claming to be a male homosexual.

In fairness, Manning had been emailing superiors, legal counsel, and therapists well before wikileaks. It was simply not made public until after sentencing. cite