The parents of a Pennsylvania trans boy say that a judge who denied their petition to change their son’s name to better reflect his gender identity applied an unconstitutionally high standard of proof in the case.  

As Philadelphia Gay News reports, the parents filed a name-change petition on behalf of their then-nine-year-old son, identified in court filings as A.B., in August 2023. The following December, Montgomery County Common Pleas Court Judge Bernard A. Moore denied the request, reportedly citing insufficient evidence that changing the boy’s name would be in his best interest.

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“It’s too hard to go through life being called a name that doesn’t match who I am,” Jordan Hilliard said.

While Moore said that he needed more medical and psychological evidence to grant the request, he rejected affidavits from two of A.B.’s doctors confirming that a name-change would be beneficial, according to Philadelphia Gay News. Moore also said that he could not be sure A.B. understood the significance of a name-change, despite leaving the courtroom before the boy could testify during a November 2023 evidentiary hearing.

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In their subsequent appeal to the Pennsylvania Superior Court, A.B.’s parents argued that Moore had applied an unreasonably high standard of proof in the case that he would not have if their child were not transgender.

In their filing, the family’s attorney, Stephen A. Loney, wrote that the judge’s “decision to create a novel standard that selectively applies based on gender identity is unconstitutional and finds no basis in the applicable statute.”

“It is an uncontested name change,” Loney told Philadelphia Gay News. “If the applicant were changing their name from Julie to Sally, that would have been the end of the inquiry. There’s no medical evidence required when someone is changing their name from Julie to Sally. Only because the applicant is transgender, Judge Moore decided to dig into whether transitioning was in the applicant’s best interests. But we’re not talking about an application to get government approval to transition; it’s an uncontested application to change his first name, a decision supported by his entire family.”

As Eastern PA Trans Equity Project notes, trans people in the state seeking to legally change their names rely on the discretion of the judge assigned to hear their case. A judge, the organization notes, “may make any decision that they deem necessary under the circumstances.”

In the family’s appeal to the state Superior Court, Loney argued that Moore abused his discretion and that his stated “concern” over A.B.’s gender identity should have been of no concern in a simple uncontested name-change application.

However, in its March 21 decision, the state Superior Court sided with Moore, upholding his decision to deny A.B.’s name change. The family filed a petition for allowance of appeal to the Pennsylvania Supreme Court in April.

While their petition is still pending, a lower court judge granted a separate petition for a name change earlier this month. As Loney explained to Philadelphia Gay News, after A.B.’s family learned that Moore had retired last year, they filed a new uncontested name-change application with the Montgomery County Court of Common Pleas. On May 7, Judge Richard P. Haaz granted their request.

“We are currently evaluating what, if any, impact this terrific development has on our clients’ ongoing [state Supreme Court] appeal from the offensive decisions made on their original application,” Loney said.

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