The Mississippi Supreme Court has ruled that a teenage transgender boy cannot legally change his name to reflect his gender identity, despite support and consent from both parents, and will have to wait until he is 21 years of age, citing his “lack of maturity.” Mississippi allows 15-year-olds to marry with parental consent.

The boy who goes by the initials S.M-B attempted to change his name around July 2023, when he was 16. In Mississippi, minors are legally permitted to change their name with the permission of both parents, which S.M-B had.

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Despite this, the Hinds County Chancery denied his petition on the grounds that it was for his “best interest.” Common case law allows for a judge to supersede parental rights if they determine that a child’s well-being will be severely compromised; however, this is a highly subjective metric, and can be quite problematic when you account for transphobic bias.

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The ACLU took up the case, S.M.-B. v. Mississippi State Board of Health. The plaintiffs, represented by the ACLU, filed an appeal challenging the decision to deny the name change, arguing the chancellor had no discretion to deny the petition because it was uncontested and both parents were in favor.

“Allowing a chancellor to supersede two parents with no evidence that the name change is against the child’s best interest is enormously disruptive to family integrity, indicating a judge is more qualified to decide a child’s name than their parent,” McKenna Raney, of the ACLU, told Advocate. “This is not the kind of governmental interference we have in Mississippi over family choices.”

Nevertheless, the Mississippi Supreme Court voted 8-1 to uphold Hinds County Chancery Judge Tametrice Hodges’ decision, while also misgendering him throughout the filing. 

The majority opinion read, “We further note the chancellor’s consideration of the minor’s lack of maturity is consistent with Mississippi’s express public policy against children receiving life-altering gender-transition assistance.”

The opinion continues by making references to the REAP Act, a 2023 law banning both surgical and non-surgical treatment of minors. “And it aligns with the very reason our law treats minors and adults differently—that minors lack maturity to make decisions with serious or long-lasting ramifications,” the court decision said.

Justice Leslie King was the sole vote against the ruling. In his dissenting opinion, he wrote, “No medical procedures are at issue in this case,” pointing to the irrelevance of the REAP Act in this particular case and criticizing the court for not hearing testimony from any members of the plaintiffs family. Instead, the trial “court conducted a bench conference off the record, apparently took no evidence, and concluded the hearing thereafter.”

“I find that the chancery court’s order should be vacated and that the case should be remanded,” King said in his dissent.

The result of this ruling is that S.M.-B. cannot change his name in the state of Mississippi until he reaches the age of majority, which is 21, meaning the currently 18-year-old trans male will need to wait until 2028 to obtain a legal name change.

Some are scorning the hypocrisy of the Mississippi Supreme Court.

S. Baum, in their article for Erin in the Morning, points out that child marriage is fully legal in the state of Mississippi, with girls as young as 15 and 17-year-old boys able to apply for marriage licenses. Certain studies have found that those who marry in their teens are more likely to experience domestic abuse and sexual violence than those who marry as adults.

In the context of this decision being for S.M.-B’s best interest — especially when numerous studies are proving that gender affirming care and gender transition save lives — makes the decision seem less about protecting the child’s well-being and more motivated by pushing a transphobic bias.

If this story affected you, just know you are not alone. The Trans Lifeline Hotline offers support to trans/nonbinary people struggling with mental health from 10 A.M. to 6 P.M. PST Monday – Friday. Call (877) 565-8860 to be connected to a trans/nonbinary peer operator and receive full anonymity and confidentiality.

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