Supporting the LGBTQ community through legal name changes
For many transgender people, having a legal identity that aligns with their lived experiences is not only important psychologically, but it ensures that they will face fewer barriers, including the risk of being outed, when seeking out employment, housing, education and public health benefits. Davis Polk’s Head of Corporate & Transactional Matters Jillian Berman explains: “At best, this may lead those individuals to avoid those settings and services to their own detriment, leading to or increasing economic and physical marginalization and poor health outcomes. At worst, they may be opening themselves up to harassment, discrimination and violence. The dissonance between someone’s documentation and their gender identity can also, of course, have a profound emotional and psychological impact that can’t be underestimated.”
To support low-income members of the transgender, gender non-conforming and non-binary community, lawyers from Davis Polk volunteer with the Name Change Project, administered by the Transgender Legal Defense & Education Fund, on an ongoing basis. Among them is Finance associate Madeleine Mavro, who shared some reflections on her experience and why this work is so critical:
Contact via email Why have you chosen to prioritize working with the Name Change Project?
Legal work that focuses specifically on the issues trans people face is crucial because our legal system largely operates on a rigid binary and was not designed to protect or help individuals who do not squarely fit within it. Aside from the psychological importance of correct legal names, IDs are required for access to so many resources and opportunities. Incorrect documents can lead to unequal access and discrimination every time they enter a bureaucracy.
What does name change work entail?
I am a transactional lawyer, so name change work has been a real learning opportunity for me – it involves drafting the name change documents, getting original ID documents and signoff from the client, notarizing and blue backing the documents and then filing them in court. It really is an effort in case management and organization.
What name change matters are you currently working on?
I am currently working on a name change for a minor. It’s complicated because New York law requires that at least one parent consent to the name change and that the other is notified via a strict process involving a sworn affidavit and a notice return period. We have to be sensitive to the client’s family situation and there have been many obstacles and delays, but navigating these challenges is exactly what clients rely on Davis Polk for. When the client came to our office to sign their petition documents, it was the first time they’d been referred to in any professional setting by their chosen name. To see the impact this had, especially on someone so young, was incredibly special. I know the reward of finalizing this name change will be even greater once we get there.
What moments have stood out to you while working with name change clients?
I have had countless memorable interactions during my work with the Project, but one that jumps out was getting the news that the first name petition I worked on had been granted by the court. I texted my client to let him know and he called me straight away to tell me how excited he was and how life changing this was for him. When he came into our offices to pick up the original court orders, he gave me the biggest hug.