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Transgender Mexican Citizen Sues Indiana To Change Name To Match Gender Identity

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Transgender Mexican Citizen Sues Indiana To Change Name To Match Gender Identity

Olivia Covington for www.theindianalawyer.com

A transgender Mexican man with asylum in the United States is suing the state of Indiana for a law that prohibits him from legally changing his name to match his gender identity as a man.

The plaintiff, John Doe, formerly and legally known as Jane Doe, filed a complaint for declaratory and injunctive relief in U.S. District Court for the Southern District of Indiana Tuesday over a state law that bars him from legally changing his name from “Jane” to “John” because he is not a naturalized U.S. citizen. Doe has also filed a motion to move through the legal proceedings anonymously.

Doe, 31, who was born female but now identifies as a male, moved from Mexico to Indiana with his family in 1990 and has lived here ever since.  He told his family in 2012 that he was transgender and identified as a man, and subsequently began using the name John.

Although Doe states in court documents that his family accepts him as a man, the United States granted him asylum from Mexico in August 2015 because he would be persecuted for being transgender in his native country. Doe’s court filing says he will apply for permanent U.S. residency this month, but will have to wait at least six years before becoming a naturalized U.S. citizen.

Doe wrote in the court filing that he is recognized as male on all official U.S. documents, including his Indiana I.D. and his immigration documents, which both show the gender marker “M.” However, his name is still listed as Jane on those documents, a fact that he wants to change but cannot do so unless he legally changes his name from Jane to John.  Under Indiana House Bill 1047, which was passed and added to the state code in 2010, a person must prove that they are a legal U.S. citizen when seeking a legal name change.

Doe alleges that the language in that portion of the Indiana Code — which prohibits him from legally changing his name for at least six years while his naturalization is pending — violates his First Amendment right to free speech and his 14th Amendment due process rights to liberty and privacy with respect to personal information. Being forced to legally use a traditionally female name has resulted in heightened symptoms of anxiety and gender dysphoria, he said.

“Mr. Does’ inability to change his legal name and update his I.D. has caused him serious emotional distress and difficulty in his day-to-day activities every time he is required to present his government-issued I.D.,” Doe’s counsel wrote in Tuesday’s filing.

According to court documents, Doe was aware that he did not feel like a girl at a young age, but was not diagnosed with gender dysphoria until 2010. With the help of a licensed mental health clinician, the plaintiff says he has been following a treatment plan for his condition, including a gender-affirming surgery. Part of the treatment also includes living in accordance with his gender identity in all respects, including the use of a male name and pronouns.

The law that prohibits Doe from legally changing his name from Jane to John has inhibited his ability to freely and fully live in accordance with his gender identity, he said.

In 2011, Doe was pulled over for a traffic violation and was asked to provide his state-issued I.D. When the officer saw that Doe’s name was listed as Jane, he did not believe the I.D. belonged to Doe and threatened to take him to jail.

Doe then produced a letter from his therapist explaining his transgender status, and although the officer seemed to believe him, the plaintiff wrote that the officer said Doe’s “weird situation” was annoying. Doe did not have a valid driver’s license at that time, so he called his now-wife to pick him up. When she arrived, Doe said the officer told her, “You can take ‘I-don’t-know-what-it-is’ with you.”

In another incident in 2013, Doe said he went to the emergency room and was asked to show his I.D. When he did so, Doe wrote that the nurses were initially confused, then later began to ridicule him when they realized he was a transgender man.

Also in 2013, Doe was asked to show his I.D. when he ordered a drink at a family celebration at a restaurant. According to the court documents, the waiter laughed and asked why his name was listed as Jane, putting the celebration on hold while his family and friends tried to convince the waiter that the I.D. was actually his.

These situations, and others, have caused Doe “significant psychological distress, anxiety, and dysphoria,” his counsel wrote. Further, they wrote that although Doe has never been subject to a physical attack because of his transgender status, he lives in constant fear of physical danger.

Unless he is asked for his I.D., which lists his name as Jane, Doe said he is generally not recognized as transgender. Thus, he alleges that the Indiana law requiring U.S. citizenship for a legal name change is one of the last remaining things that prohibit him from living fully in his gender identity.

Further, Doe wrote that being forced to legally identify as Jane violates his equal protection right, his right to liberty regarding personal decision and his right to privacy regarding personal decisions under the 14th Amendment, as well as his rights to express his name and gender in accordance with his gender identity as free speech under the First Amendment.

His suit seeks declaratory judgment of the violation of his Constitutional rights, as well as an injunction permanently barring enforcement of the Indiana law preventing non-citizens from legally changing their names.

In a statement through his office, Indiana Attorney General Greg Zoeller, who is named as a defendant in the case along with Gov. Mike Pence and Marion County Clerk Myla Eldridge, said he plans to file a response to Doe’s complaint. He also noted that the burden of proof in this case would be on Doe, not the state.

“As state government’s lawyer, the Attorney General’s office is obligated to represent state government officials and agencies and defend the statutes the legislature has passed,” Monica Hernandez Billman, spokeswoman for Zoeller, said.

The case is John Doe, formerly known as Jane Doe v. Michael Pence, et al., 1:16-cv-02431.

Appeal Process Bumps Up February Bar Exam Passage Rate

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Appeal Process Bumps Up February Bar Exam Passage Rate

Jennifer Nelson for www.theindianalawyer.com

The February 2016 Indiana Bar Exam results have been amended to reflect those who successfully appealed their initial failure, resulting in a 4-percentage-point increase in the overall pass rate.

Statistics available on the Indiana Board of Law Examiners’ website show that 55 percent of the 258 people who sat for the February test were successful. When the list was originally released in April, the overall pass rate for all takers was 51 percent.

Last year, the overall pass rate for test takers saw slight increases after the appeals process was complete. The July 2015 bar exam overall pass rate when from 72 percent to 74 percent; the February 2015 bar exam overall pass rate increased from 64 percent to 67 percent.

Bradley Skolnik, executive director of the Indiana Board of Law Examiners, said that almost every applicant who is within the range eligible for appeal – a combined scale score of 255-263 – files an appeal. It is a simple form to complete and applicants have two weeks after the issuance of their results to appeal, based on Indiana Admission and Discipline Rule 14.

Under the rule, certain BLE members are appointed as “appeals reviewers,” who consider and decide all appeals of bar exam results. Skolnik said the BLE takes a great deal of time to review the appeals and it can take approximately a month or more to render a decision.

Skolnik declined to release the number of people who have appealed the July 2016 bar exam or previous bar exams and the number of successful applicants, citing Admission and Discipline Rule 19 on confidentiality.

Indiana Tech Law School, which had 12 students sit for the July bar exam but just one pass, said of those 12 students, some were within the appeal range. A spokesman for the school did not confirm how many of those students, if any, would be appealing.

The bar passage rate in Indiana has been on the decline in recent years. July bar passage rates traditionally were in the high 70s or even low 80s, but dipped to 72 percent in July 2014 and 74 percent last year. The results of the February bar exam, which traditionally sees a lower pass rate due to higher repeat test takers, have fluctuated. In 2007, 70 percent of overall test takers passed. In 2014, only 61 percent passed. The last time the overall pass rate for the February test was in the 50 percent range was 2002, where 57 percent of all test takers passed.

Archived statistics of bar passage rates going back to 2002 are available on the state judiciary’s website.

“The decline in the passage rate in Indiana is part of a national trend,” Skolnik said. “Unfortunately, we’re not immune to what’s happening around the country.”

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx#content

  Indiana State Police Investigate Allegation of Fraudulent Voter Registration

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Indiana State Police Investigate Allegation of Fraudulent Voter Registration

The Indiana State Police are investigating an allegation of suspicious and fraudulent voter registration information being submitted to the Hendricks County Clerk’s Office and the Marion County Voter Registration Office.  This investigation began in late August and state police detectives have consulted with the Indiana Secretary of State Office about the investigation, since that office is charged with keeping statewide voter registration information.

The Indiana State Police does not normally speak to specific information of ongoing investigations.  However, due to the potential impact these allegations may have on individual voters we are sharing the following information:

At the time of this news release state police detectives have confirmed several instances of fraudulent voter registration forms having been submitted to Marion and Hendricks County voter registration officials.  The forms had missing, incomplete and incorrect information at the time they were submitted by representatives of an organization called the Indiana Voter Registration Project.

Investigations of this nature can be complex and time consuming and for this reason the state police presently has six detectives investigating other suspicious voter application forms submitted to Hendricks and Marion County voter registration personnel.  At the present time it is unknown if the scope of alleged voter registration irregularities is limited to Marion and Hendricks County.  As the investigation continues it is possible the scope of the investigation could expand.

Once the investigation is complete it will be submitted to the appropriate prosecuting authorities for review and action as deemed appropriate by those offices.

Also included with this release is a PDF copy of information previously issued by the Office of the Indiana Secretary of State with general information about this ongoing investigation.  Included in this release is a tip line number of 1-866-IN-1-VOTE (1-866-461-8683).  Indiana citizens that are registered to vote are strongly encouraged to call this number if they believe they may be a victim of voter registration fraud.  There is also easy to follow information on how to check your voter registration status on the Internet at www.IndianaVoters.com

Dr. Bucshon to Host U.S. Service Academy Day

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Eighth District Congressman Larry Bucshon, M.D. will host an informational session for all high school students interested in applying to one of the U.S. Service Academies on Saturday, September 17, 2016.

WHO:                 Congressman Larry Bucshon, M.D. (IN-08)

WHAT:               2016 Fall U.S. Service Academy Day

WHEN:               Saturday, September 17th, 9:00am to 11:00am CT (Registration begins at 8:30am CT)

WHERE:            VU Gibson County Center for Advanced Manufacturing and Logistics – 8100 South U.S. Highway 41 Fort Branch, Indiana 47648

The event will offer Eighth District high school students the opportunity to learn more about the United States Service Academies, the application process, congressional nominations, and the everyday life of a Service Academy Cadet. More information on the event is available by clicking here. 

Representatives from these five academies have been invited:

-          The U.S. Air Force Academy in Colorado Springs, CO

-          The U.S. Coast Guard Academy in New London, CT

-          The U.S. Merchant Marine Academy in Kings Point, NY

-          The U.S. Military Academy in West Point, NY

-          The U.S. Naval Academy in Annapolis, MD

Each year, Congressman Bucshon has the privilege of nominating a limited number of high school students to attend four of the five service academies. The deadline to apply for a congressional nomination from Bucshon’s office for the class of 2021 is October 14, 2016.

For more information on the application process, students can visit –https://bucshon.house.gov/serving-you/military-academy-nominations or contact Erin Lucas in Congressman Bucshon’s District Office at 812-549-7123.

The 9th Annual Jazz & Wine Festival

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The 9th annual Kenny Kent Lexus Jazz & Wine Festival features regional wineries and restaurants in tents that line Downtown Evansville’s historic Main Street.  This year the event will take place on Saturday, September 17th and will go from 4 p.m. to 11 p.m.  Tickets are $20 in advance (which can be purchased through Evansville’s Philharmonic Guild) or $25 at the gate.  There will be live music throughout the evening on three stages set up along Main Street by 15 different bands and the Evansville Philharmonic Orchestra swing band.  Gates open at 3:30 p.m and are located at 4th and Main.

Walt Ferber Named Voice of the Aces

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Walt Ferber Named Voice of the Aces

Ferber brings over 40 years of experience 

University of Evansville Director of Athletics Mark Spencer has announced that Hall of Fame broadcaster Walt Ferber will be the new Voice of the Aces this season.

He replaces Lance Wilkerson, who was promoted to Senior Associate Athletics Director of Development and External Operations in the middle of last season.

“We are extremely lucky to be able to attract such a great sports casting talent like Walt to replace such a recognizable voice as Lance” said Spencer. “Walt has a wealth of knowledge and experience and will do a great job representing the Purple Aces over the airwaves.”

“This is like a dream for me,” Ferber said.  “I have been in the business for 44 years and it always has been a dream of mine to call basketball games for one of the top programs in the country.  I appreciate the flexibility of WITZ for allowing me to pursue this opportunity.”

Ferber’s career in radio has spanned 44 years with the last 36 coming at WITZ in Jasper, Ind.  broadcasting a wide array of sports including: football, men’s and women’s soccer, volleyball, men’s and women’s basketball, softball and baseball.  He began his career at WREY in New Albany in 1972.

The 2010 inductee into the Indiana Sportswriters and Sportscasters Association Hall of Fame was also the recipient of the Marv Bates Sportscaster of the Year Award, which is also given out by the ISSA.

A native of New Albany, Ferber graduated from New Albany High School in 1974.  He received his degree in Telecommunications and Business from Indiana University in 1978.

Andiron Lecture Series for 2016-17 Announced

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The University of Evansville’s annual Andiron Lecture Series begins October 5 in Eykamp Hall, Room 252, in Ridgway University Center. UE associate professor of archaeology Jennie Ebeling will be speaking on “It Takes a Village: The Realities of Directing an Archaeological Excavation in the 21st Century.” A social hour with beverages precedes each lecture at 3:45 p.m. The lectures are free and open to the public.

Other lectures in this series include:

  • November 9, 4:00 p.m., Eykamp Hall, Room 253, Ridgway University Center,

“Evansville History in Motion” – Joe Atkinson, UE digital multimedia specialist in residence

  • February 1, 4:00 p.m., Eykamp Hall, Room 252, Ridgway University Center

“Alpha Scholars and First- Generation Families” – Mari Plikuhn, associate professor of sociology

  • March 1, 4:00 p.m., Eykamp Hall, Room 252, Ridgway University Center

“Toward a New Nostalgia for Public Libraries: Engaging, Inquiring, and Empowering” – Cynthia Sturgis Landrum, director of the Evansville-Vanderburgh Public Library

  • April 5, 4:00 p.m., Eykamp Hall, Room 252, Ridgway University Center

“Diggers, Farmers, and Townsmen: Irish Immigrants in Southwestern Indiana” – Daniel Gahan, UE professor of history

The Andiron Lecture series is sponsored by the William L. Ridgway College of Arts and Sciences and supported by a generous gift from Donald B. Korb. For more information, call 812-488-1070 or 812-488-2589.

Volleyball wraps up non-conference schedule this weekend

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Aces head to Gamecock Classic

With a 4-game homestand in the books, the Purple Aces are back on the road, taking part in their final non-conference tournament of the season – the Gamecock Classic.  Evansville joins Kennesaw State, UL Monroe, Jacksonville State and Nicholls State at the event.

Last weekend, the Aces went 1-2, but finished the Dunn Hospitality Tournament with some momentum, defeating Kent State in five sets.  Mildrelis Rodriguez tied her career mark with 18 kills as the Aces earned their second win of the season.

Rodriguez matched her career-high with 18 kills in two of the last four matches as the Aces grabbed a pair of wins.  She leads the squad with 84 kills on the season.  Just as impressive has been her defensive ability as she has registered 78 digs this year, second on the team.

In the win over the Golden Flashes, Rocio Fortuny has the best outing of her career, setting highs in kills (16), attempts (42), assists (3) and digs (11).  After missing the opening weekend of the season, Fortuny has done very well since making her return, leading the team with 2.73 kills per set.  She has also notched 0.64 blocks per frame.  In her six matches this year, Fortuny has notched at least six kills each time out.

Erlicia Griffith continued to be a force for Evansville as she is tied for the MVC lead with 1.36 blocks per set.  That tally also ranks in the top 40 in the NCAA.  Over the last four matches, Griffith notched a total of 21 blocks, including four solo.  Her top match came against SEMO where she had 2 solo blocks, 9 block assists and a total of 11 for the match.

Freshman Rachel Tam is coming off of the best game of her career against Kent State, setting her season and career marks with 11 kills, 31 attempts and 12 digs.  That bested her previous best of 10 kills, which came in the opening weekend against Northern Kentucky.

UE opens up the weekend against Kennesaw State with a 9 a.m. match on Friday.  The Owls come into the tournament with a record of 2-8.  They played better last weekend at the Georgia Challenge, finishing off the tournament with a 3-1 win over Georgia State.  KSU also took Georgia Tech to five sets before falling, 3-2.  Kristi Piedimonte has done a nice job on offense for KSU, recording 363 assists, an average of 9.31 per set.

The Warhawks enter the event with a 3-10 record and have dropped their last five sets.  The top effort of the season for ULM came at a tournament hosted by Central Arkansas on Sept. 2-3 where they won three out of four matches.  On the first day of play, ULM defeated Alcorn State and Incarnate Word before capping off the second day with a 3-2 win over host UCA.

Jacksonville State is on a roll as they prepare to host their second weekend tournament in a row.  The Gamecocks are winners of five in a row and six of their last seven.  Overall, JSU is 7-6, but after a tough 1-5 start to the year, they are above .500 for the first time.  In last weekends home event, Jacksonville State defeated Jackson State, New Orleans, Mississippi Valley State and UAB.  They also earned a mid-week win over Alcorn State before that.Allyson Zuhlke is the top offensive player for JSU, notching 3.62 kills per game.

Evansville wraps up the weekend on Saturday afternoon against Nicholls State.  The Colonels start the weekend at 4-7 after falling in their last three matches in Jacksonville, Fla.  Two weeks ago, they had a strong run that saw them earn three wins in a row as they defeated Alabama A&M, Louisiana-Lafayette and Southern.  Brieanna Hill leads the team with 2.36 kills per set while Alexa Perry has done well on defense, notching 3.79 digs/frame.