OHIO POLITICS:

Watch, and follow the 2018 Ohio governor debate

Warren County judge’s lawyers: Dismiss transgender name change lawsuit


Lawyers for the Warren County judge facing a federal lawsuit over transgender name change denials want the case thrown out.

The request meets a deadline set in the lawsuit filed on behalf of three families who claim Judge Joe Kirby discriminated against them by rejecting name changes sought for their transgender children in juvenile court in Warren County.

RELATED: Judge says ‘not yet’ to transgender teen’s name change

Judge William Bertelsman is provided five reasons to dismiss the case, including a law preventing federal judges from interfering in state court cases.

“Federal courts are not to act as courts of appeal over the decisions of state courts,” lawyer Aaron Glasgow wrote in the motion filed on Friday in U.S. District Court. That was in reference to the one case on which Kirby has already ruled and is on appeal in the Ohio 12th District Court of Appeals in Middletown.

RELATED: Mason family appealing transgender name change denial

In reference to the claim made by one family in a case Kirby has yet to rule on, Glasgow said, “By seeking a declaration that Judge Kirby’s anticipated decision would be unlawful, plaintiffs are essentially asking this court to intervene in that proceeding, as well as dictate to Judge Kirby what his decision must be on that pending application,” Glasgow added.

The third family has yet to file for a name change.

MORE: Transgender teen killed on I-71 left suicide note

The motion also includes cases in which Kirby has granted transgender name changes.

In addition, Glasgow said, “Kirby is entitled to absolute immunity from civil liability” and “had a rational basis for his decision rejecting the name change.”

FOLLOW ME ON TWITTER

The case already on appeal came after Kirby rejected a name change request from a Mason teen, 15.

Stephanie and Kylen Whitaker filed for the name change on April 24 in Warren County Juvenile Court on behalf of their 15-year-old child.

The judge said the change was not “reasonable and proper and in the child’s best interest at this time.”

The second case involves a pending case, while the third, by a defendant identified only as Jane Doe, has not filed for a name change in the probate court in Warren County.

Joshua Engel and Anne Tamashasky, two lawyers representing the families, have withdrawn from the case.

Engel predicted the case would turn on the issue of federal judges ruling on state court judges’ cases.

RELATED: Warren County families want quick action in transgender name change lawsuit

The other lawyer, Joshua Langdon, could not be reached.




Next Up in Crime

Missing Georgia mom found safe 2 weeks after disappearance
Missing Georgia mom found safe 2 weeks after disappearance

A Georgia mother of two reported missing has been found healthy after police searched for her two weeks. Valerie Maynard, 53, of Smyrna, had last been seen Sept. 3. Her white Land Rover was found Sept. 5 in the Pigeon Hill parking lot on Burnt Hickory Road unlocked with her phone and purse still inside. Cobb County Sgt. Wayne Delk previously...
'I'm a Kardashian,' Florida woman claims before pushing neighbor, deputies say
'I'm a Kardashian,' Florida woman claims before pushing neighbor, deputies say

A Florida woman who claimed she was a “Kardashian” was arrested on a battery charge after a confrontation with a neighbor, the Marion County Sheriff’s Office said. >> Read more Floridoh! stories Last week, Crystal Kohler, 35, approached her neighbor and said, “I’m a Kardashian. I’m going to (expletive) you...
State schools chief, education group argue on Twitter over state tests and graduation rules
State schools chief, education group argue on Twitter over state tests and graduation rules

As debates over Ohio’s current and future graduation standards continue, state school superintendent Paolo DeMaria had a pointed Twitter exchange this weekend with the Fordham Institute’s Ohio branch. Fordham, an education policy institute, has been one of the most consistent voices calling for Ohio to set higher standards for student graduation...
CHEERS! The Dayton Art Institute Oktoberfest mugs are a coveted collectible
CHEERS! The Dayton Art Institute Oktoberfest mugs are a coveted collectible

Handcrafted mugs created by regional potters have been a sought-after collectible since Oktoberfest at the Dayton Art Institute began in the 1970s.  The earliest mug in the DAI’s collection, from 1974, is made from glass and features a printed DAI logo. In the years following the mugs were mass produced until the idea to use local potters...
Springfield man sentenced for attempted murder tied to local gang, assistant prosecuting attorney says
Springfield man sentenced for attempted murder tied to local gang, assistant prosecuting attorney says

A man, who the Clark County Prosecutor’s Office said is affiliated with a local gang, will spend a decade and a half behind bars after pleading guilty to attempted murder. Assistant Prosecuting Attorney Lisa Hoying said Elrashawn Dover, 18, is a member of the BMG gang. She said the gang commits crimes in the name of a friend who was killed in...
More Stories