• Abstract and Figures
• Public Full-text

Case 3:18-cv-00037-WTL-MPB Document 42 Filed 07/03/18 Page 1 of 3 PageID #: 263 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION J.A.W., ) ) Plaintiff, ) ) v. ) ) Cause No. 3:18-cv-37-WTL-MPB EVANSVILLE VANDERBURGH SCHOOL ) CORPORATION, ) ) Defendant. ) INTRODUCTION TO APPENDIX AND REQUEST TO TAKE JUDICIAL NOTICE In support of its Response in Opposition to Plaintiff’s Motion for Preliminary Injunction, the Evansville Vanderburgh School Corporation (“EVSC”) hereby submits this Appendix of materials and requests that the Court take judicial notice of the same. Pursuant to Federal Rule of Evidence 201, the Court “must take judicial notice if a party requests it and the court is supplied with the necessary information.” “It is well settled that courts may take judicial notice of common knowledge and matters of public record not subject to reasonable dispute.” United States v. Hemphill, 447 Fed. Appx. 733, 736 (7th Cir. 2011). Each of the materials contained in this Appendix falls within the category of facts of which the Court may take judicial notice. Schmude v. Sheahan, 312 F. Supp. 2d 1047, 1064 (7th Cir. 2004) (“it is routine for courts to take judicial notice of both newspaper articles and court records, among other things.”); Jutzi-Johnson v. United States, 263 F.3d 753, 757 (7th Cir. 2001) (statistical surveys and studies); Driebel v. City of Milwaukee, 298 F.3d 622, 630 n.2 (7th Cir. 2002) (official rules and regulations); Hemphill, 447 Fed. Appx. at 736 (7th Cir. 2011) (statutes and Case 3:18-cv-00037-WTL-MPB Document 42 Filed 07/03/18 Page 2 of 3 PageID #: 264 ordinances). Thus, it is proper for the Court to take judicial notice of the materials contained in the Appendix. WHEREFORE, EVSC requests that the Court take judicial notice of the materials contained in this Appendix. Respectfully submitted, s/ Patrick A. Shoulders Patrick A. Shoulders #308-82 Robert L. Burkart #16664-82 Jean M. Blanton #24840-82 ZIEMER STAYMAN WEITZEL & SHOULDERS, LLP 20 N. W. First Street P. O. Box 916 Evansville, IN 47706 Tel. No. (812) 424-7575 Fax No. (812) 421-5089 Email: [email protected] [email protected] [email protected] Attorneys for the Defendant. CERTIFICATE OF SERVICE I certify that on the 3rd day of July, 2018, a copy of the foregoing document was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system. Kenneth J. Falk [email protected] Gavin M. Rose [email protected] Jan P. Mensz [email protected] s/ Patrick A. Shoulders Patrick A. Shoulders Case 3:18-cv-00037-WTL-MPB Document 42 Filed 07/03/18 Page 3 of 3 PageID #: 265 APPENDIX TABLE OF CONTENTS EXHIBIT A - Change of Birth Certificate EXHIBIT B - 140 IAC 7-1.2-3 – IN Driver’s License EXHIBIT C - Gender Designation Change on Passport – State Dept. Website EXHIBIT D - Social Security EXHIBIT E - Medicare – National Center for Transgender Equality EXHIBIT F - IHSAA Executive Committee Meeting Minutes 6/22/2017 EXHIBIT G - USCIS Documents EXHIBIT H – Transgender Offender Manual – Change Notice EXHIBIT I – DoD Instruction – 1300.28 EXHIBIT J – “When Children Say They’re Trans,” The Atlantic, July/August 2018 Case 3:18-cv-00037-WTL-MPB Document 42-1 Filed 07/03/18 Page 1 of 3 PageID #: 266 Positive As of: June 27, 2018 9:50 PM Z In re Change of Birth Certificate Court of Appeals of Indiana December 4, 2014, Decided; December 4, 2014, Filed No. 79A03-1403-MI-91 Reporter 22 N.E.3d 707 *; 2014 Ind. App. LEXIS 589 ** gender reassignment became clear, Appellant began IN RE PETITION FOR CHANGE OF BIRTH living as a male in January 2011 and shortly CERTIFICATE thereafter [**2] started testosterone treatment, which he has since continued. Appellant legally changed his Prior History: [**1] APPEAL FROM THE name in 2012, and he completed sex reassignment TIPPECANOE CIRCUIT COURT. The Honorable surgery the following year. According to his surgeon, Donald L. Daniel, Judge. Cause No. 79C01-1303-MI-33. Appellant's true gender, based upon psychological and Counsel: FOR APPELLANT: JON LARAMORE, medical testing, is male. Appellant has changed his HARMONY A. MAPPES, Faegre Baker Daniels LLP, name and gender mark on his driver's license, as well Indianapolis, Indiana. as with the Social Security Administration. His birth certificate is the only significant life document that Judges: FRIEDLANDER, Judge. VAIDIK, C.J., and remains to be changed. MAY, J., concur. On March 26, 2013, Appellant filed a petition for change of gender in Tippecanoe Circuit Court. The petition Opinion by: FRIEDLANDER sought an order changing Appellant's legal gender from Opinion female to male "for the purposes of meeting the requirements of the Indiana State Department of Health for changing the gender designation on birth records." Appendix at 6. Appellant stated in the petition that he had successfully transitioned to a male role in society, in [*707] OPINION - FOR PUBLICATION accordance with accepted medical standards of care for FRIEDLANDER, Judge gender dysphoria, and that he desired to change his gender designation so that his birth record "may be Appellant is a transgender male who identifies as a more congruent with his appearance and social role." Id. man, lives as a man, and has undergone extensive medical treatment for gender transition, including Appellant appeared pro se at the uncontested hearing gender reassignment surgery. Appellant filed a petition on the petition [**3] on February 12, 2014. He to change his legal gender so that he could correct the presented evidence from his surgeon, therapist, and gender markers on his birth certificate. The trial court endocrinologist detailing his gender transition. He also denied the petition based upon a perceived lack of provided the court with a letter from the Indiana State authority to grant such a request. In this uncontested Department of Health (the ISDH) setting out its official appeal, Appellant contends that the trial court erred by process for changing the gender marker on birth refusing to grant the petition. records. In the letter, the ISDH Birth Record Amendment Supervisor stated in relevant part: We reverse and remand. The [ISDH] Registrar's manual states that we need a court order to change the gender on a birth record In 1988, Appellant was born in Indiana as a genotypical for a person who has gone through Gender female. Since 2008, Appellant has received ongoing Reassignment Surgery. psychotherapy to address longstanding gender The court order needs to tell us the person's name, dysphoria [*708] (formerly known as gender identity date and place of birth and needs to tell us to disorder). As Appellant's desire and readiness to pursue change the original gender of the person on the Frank Mattingly EXHIBIT A Case 3:18-cv-00037-WTL-MPB Document 42-1 Filed 07/03/18 Page 2 of 3 PageIDPage #: 2 267of 3 22 N.E.3d 707, *708; 2014 Ind. App. LEXIS 589, **3 person's birth certificate. statutorily forbade an amendment as to gender). See The [ISDH] Vital Records office will accept any also Dean Spade, Documenting Gender, 59 Hastings court ordered gender change from any valid court in L.J. 731, 768 (2008) (forty-seven states allow gender the United States. reclassification on birth certificates (Idaho, Ohio, and Tennessee do not);2 twenty-eight of these states Id. at 9. The court took the matter under advisement "specifically authorize gender reclassification by statute after specifically finding that the petition had been made or administrative ruling, while the other nineteen have in good faith and not for a fraudulent or unlawful no written rule stating that they allow sex designation purpose. change, but in practice do provide sex designation change upon application").3 On February 14, 2014, the trial court issued an order denying the petition. The court concluded that it did not I.C. § 16-37-2-10 provides general authority for the have authority to grant such a request, noting that the amendment of birth certificates, without any express Indiana General Assembly had not yet spoken on the limitation (in the statute or elsewhere) regarding gender issue. On appeal, [**4] Appellant contends that the trial amendments. In light of this statute, as well as the court had authority pursuant to Ind. Code Ann. § 16-37- inherent equity power of a court of general jurisdiction, 2-10 (West, Westlaw current with all 2014 Public Laws we conclude that the trial court had authority to grant the of the 2014 2nd Regular Session & 2nd Regular petition at hand. See State ex. rel. Root v. Circuit Court Technical Session of the 118th General Assembly), as of Allen County, 259 Ind. 500, 289 N.E.2d 503, 507 (Ind. well as the court's inherent equitable authority. 1972) ("a court of general jurisdiction has inherent equity power unless a statute expressly or impliedly I.C. § 16-37-2-10(b) provides in relevant part: "The state provides otherwise"). See also In re Heilig, 816 A.2d at department may make additions to or corrections in a 82 ("[t]here is nothing extraordinary about equity certificate of birth on receipt of adequate documentary jurisdiction in these kinds of matters"). evidence". Like name changes,1 the ISDH defers to the courts by requiring a court order to establish adequate We recognize the trial [**7] court's concern over what documentary evidence for an amendment [*709] of evidence is required in support of such a petition. In its gender on a birth certificate.

Load more

  145

Copy Link