Making it legal.

Date of events: May through October 2007.

Changing a drivers license to one's new name and gender is simple. The California DMV even has a form for it.  All you need is a doctor's signature and it's done.  Doing it so that one can enter into contracts, marry get a passport requires a court order.  The name part is a slam dunk.  Just complete the petition, pay the filing fee and run an ad in the paper.  Gender is a bit trickier.

The state law in 2007 required the petitioner to have completed "appropriate surgery".  What exactly does that mean "appropriate surgery" ?  Is that sex reassignment surgery?  Or are breast implants good enough?  Orchiectomy?  Judges had great deal of discretion in deciding each case.  As previously mentioned the only surgeries I could have were of the life saving variety.  The above surgeries are elective and cosmetic.  I met with lawyers at The Transgender Law Center and they saw in my case an opportunity to challenge the surgery requirements.

My case included statements from my gynecologist, my hepatoligist and my primary care physician supporting my petition.  My hepatolagist went as far to say the only surgery I was eligible for was a liver transplant.  It was a long wait for a court date.  The lawyers wanted time to develop strategy.  While the petition was filed in July, the actual court date wasn't until October.
 
The day finally arrived.  I wore my best job inerview clothes.  A black wool suit with a pink knit top.  A string of pearls with matching earrings competed the ensemble.  I met my attorneys outside and together we entered the court room, sat and waited for my name to be called.  This was the last time I would answer to the name Jonathan Wagner.  There were a number of people before us including another transgender woman.  Finally I heard my name called.  I approached the podium flanked by my attorneys.  I should mention that my lawyers did a great job on the pleading.  They argued that "Ms. Wagner is gravely ill.  Granting this petition would at least allow her to be buried in her true gender" all of which is true, just presented in a rather stark manner.

The judge looked through our petition quickly then read the purpose of the document.  She paused, looked up and said "I'm inclined to grant this petition.  Is there something else counsel would like to add?"  Somehow we contained ourselves!  Kristina Wertz, one of my attorneys, replied "No, your Honor".  Her Honor said "Petition granted, see the clerk".  Once outside the courtroom there were hugs and high fives all around!

For all intents and purposes I was now Joanna.  Even my birth certificate was changed.  A major step toward transition was complete.  This should be the end of the legal story but there's more,  which I'll tell you about in my next post.