IN RE: the Application of KA for Leave to Change Name (2025)

RECITATION, AS REQUIRED BY CPLR 2219(a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION

PETITION/EXHIBITS 1-10

This Honorable Court Decides and Orders, upon Application of Petitioner identified as Transgender seeking Declaratory Judgment pursuant to the Civil Rights Law § 64-a to Seal Court Records of Name Change is hereby under separate Sealed Order Granted.

Herein, Petitioner exclusively seeks a change of name to coincide with identity and appearance. However, not for a change of sex designation. The 2021 Gender Recognition Act (GRA) amended the Name Change Statute of the Civil Rights Law § 64-a to repeal the publication requirement for a more robust comprehensive guidance for Sealing of court records. Enacted was the “totality of the circumstances” test, which demarcates factors to be considered in Sealing (id.). One of which, is the “applicant's status as transgender” (id.). In contrast the newly enacted GRA's change of sex designation Sealing of court records does not impose any test whatsoever (NY CLS Civ R § 67-b). Whereas NY CLS Civ R § 64-a specifically states Transgender and subjects of domestic violence as factors, Transgender is the gravamen for Sealing pursuant to NY CLS Civ R § 67-b. Thus, the plain language of 64-a would require some level of judicial inquiry as to the risk of violence or discrimination to the Transgender applicant where the applicant exclusively seeks name change without change of sex designation, which pursuant to 67-b requires no such judicial inquiry. Based upon he GRA's legislative intent to protect the LGBTQ+ community from hate crimes, public ridicule and discrimination it appears that judicial inquiry to Transgender name change is an unintended consequence of the amendment. Although the publicly evident hate crimes against the Transgender may be deemed sufficient to not deny Sealing for failure to provide “specific instances of or a personal history of threat”, yet still it requires judicial inquiry (NY CLS Civ R § 64-a). “For its part, New York enacted a law in 2021 permitting sealing name change records where there is a risk of violence or discrimination because of the applicant's transgender status even if the applicant has not personally experienced threats to their personal safety” (In re M.T., 106 Cal App 5th 322, 326 Cal Rptr 3d 808 [2024]), citing Mtr. of Cody VV. [Brandi VV.] [NY 2024] 226 AD3d 24, see, Matter of J.W.S., 81 Misc 3d 925). Based upon the compelling legislative intent and the data of hate crimes ¹ , it is opined where Transgender petitioner fails to request sealing whether for exclusive name change or/and for change of sex designation that jurist ought to err on the side to Sua Sponte Seal records, unless so compelled by Petitioner or intervening interested party otherwise, which would indeed entail a high burden.

This constitutes the opinion, order, and decision of This Honorable Court.

FOOTNOTES

1.   https://www.osc.ny.gov/reports/concerning-growth-hate-crime-new-york-state - 8/19/2024

Sandra Elena Roper, J.