Judge says he is not biased against transgender teens

Cameron Knight | Cincinnati Enquirer

Show Caption Hide Caption Documentary on Leelah Alcorn to premiere These images come from "Leelah's Highway," a 24-minute documentary by Canadian filmmaker Elizabeth Littlejohn, about Leelah Alcorn, the transgender teenage girl who died by suicide in December 2014 in Warren County. She left behind a note that concluded, "Fix society, please."

A Warren County judge said he is facing "untrue allegations" after he was sued in federal court over his treatment of transgendered minors.

Judge Joseph Kirby has been accused of having a "pattern and practice" of violating the constitutional rights of families with transgender minors by denying name change requests in the suit filed in U.S. District Court.

In July, Kirby denied a name change to a transgender teen saying the minor lacked the "maturity, knowledge and stability" to make such a decision, court documents said.

His decision prompted the parents of the teen and two other families to file suit against Kirby.

More: Warren County judge sued over denying transgender teen a legal name change

More: Judge disagrees with parents, doctors. Says transgender teen needs to 'Age. Develop. Mature'

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One of the families had a name change case pending before Kirby. On Monday, the judge ordered that family's hearing to be delayed. In the order, he also addressed the federal lawsuit.

"As it pertains to name changes, transgender or otherwise, the Court has always considered the best interest of the child," Kirby wrote. "After many years of being a probate and juvenile judge, I have learned that children do not always know what is best for them during childhood."

Kylin and Stephanie Whitaker, the parents of the teen who was denied, both approved of the name change. They also testified that the teen's therapist and Dr. Lee Ann Conard, who diagnosed the teen with gender dysphoria, supported the name change.

The lawsuit claims Kirby ignored medical professionals who believed the name change would be in the best interest of the teen. But in the order Monday, Kirby disagreed: "There was no evidence presented from any medical professional about the name change."

Conard does not appear to have submitted anything for the hearing. The Whitakers did provide Kirby with a copy of a letter from teen's therapist authorizing hormone therapy.

"The Court holds no bias against those that are transgender," Kirby wrote. "In fact, this Court has granted names changes for multiple applicants on the basis of their transgender status, including both adults and children."

The lawsuit only compiled name changes requests made in the court for 2018. Of the 36 name change applications to come through the Warren County Common Pleas Court Probate-Juvenile division this year, 10 involved transgender applicants.

Kirby granted six transgender adults name changes. He denied three cases involving transgender minors. The remaining transgender case involved a transgender minor and was granted by a magistrate.

A hearing date for the federal lawsuit has not yet been scheduled. The Whitakers have appealed Kirby's denial to Ohio's 12th District Court of Appeals.