this post was submitted on 18 Jan 2024
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A second transgender candidate running for a seat in the Republican-majority Ohio House is at risk of being disqualified from the ballot after omitting her former name on circulating petitions.

The Mercer County Board of Elections is set to vote Thursday on whether Arienne Childrey, a Democrat from Auglaize County and one of four transgender individuals campaigning for the Legislature, is eligible to run after not disclosing her previous name, also known as her deadname, on her petition paperwork.

A little-used Ohio elections law, unfamiliar even to many state elections officials, mandates that candidates disclose any name changes in the last five years on their petitions paperwork, with exemptions for name changes due to marriage. But the law isn’t listed in the 33-page candidate requirement guide and there is no space on the petition paperwork to list any former names.

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[–] [email protected] 42 points 10 months ago (6 children)

Using your logic, explain the exception for marriage.

[–] deweydecibel 17 points 10 months ago (3 children)

Because an exception to that was taken into account long before now, and trans people were not.

But just because the people that drafted this law didn't write out an exception for deadnames doesn't mean it's inherently transphobic. This was hardly a major topic in the public discourse when these laws were made.

Again, a law that requires voters have transparency is a good thing overall. It needs updated, yes, but the problem here is how it's being used as a tool to abuse. The law is to prevent fraud, but no fraud is being committed.

[–] Baahb 32 points 10 months ago (1 children)

The dead name requirement isn't the issue. There is no way to provide that info, the requirement to provide tha info isn't documented, and they are attempting to disqualify her over it. The actual fuck?

[–] captainlezbian 15 points 10 months ago

Exactly, if this was a genuine mistake they’d present opportunities to rectify it and try to ensure it doesn’t happen in the future. The law probably wasn’t meant specifically to hurt trans people but the implementation clearly is.

[–] [email protected] 12 points 10 months ago (1 children)

That didn't actually answer my question.

The poster says that this law makes sense because voters need to be able to research their candidates. The exception for marriage contradicts that logic - do we not need to research married people? I want to see how they square that circle is all.

[–] testfactor -4 points 10 months ago

It's more that it's trying to catch people who've changed their names for political purposes.

People who got married and changed their name notionally didn't do so for political purposes, and are therefore excluded from having to report.

It's not that it's to provide blanket history on every candidate for research purposes. It's a catch to ferret out those who would abuse the name change process to avoid accountability. This gives the public the ability to know if that is occuring.

[–] [email protected] 2 points 10 months ago

me on my way to do crimes before getting married so I dont have to declare my name change when running for congress or whatever

[–] FlyingSquid 13 points 10 months ago (1 children)

Exactly. Thank you. People change their name when they get married all the time. Are we to believe someone would be barred from the ballot if they get married between the petition and the ballot?

[–] [email protected] 4 points 10 months ago (3 children)

Arent marriage certificates public, but not sure if they show your original name or just new one

[–] captainlezbian 10 points 10 months ago

All name changes are. Judges do them so they fall under the public record. I’m sure you can get yours sealed if you can prove that you’re in danger, but without a restraining order it’s highly unlikely

[–] FlyingSquid 9 points 10 months ago

You need to legally change your name, so that should be public as well.

[–] yaaaaayPancakes 3 points 10 months ago

Not in every state. California has a "confidential" marriage license that isn't public. We chose that one to stay off mailing lists.

[–] deweydecibel 3 points 10 months ago* (last edited 10 months ago) (1 children)

Because an exception for that was taken into account long before now, and trans people were not.

But just because the people that drafted this law didn't write out an exception for deadnames doesn't mean it's inherently transphobic. This was hardly a major topic in the public discourse when these laws were made.

Again, a law that requires voters have transparency is a good thing overall. It needs updated, yes, but the problem here is how it's being used as a tool to abuse. The law is to prevent fraud, but no fraud is being committed.

[–] captainlezbian 4 points 10 months ago

I think where the communication is failing here is partly because intent vs effect. Were the people intending to hurt trans people when the law was written? It’s unlikely. Did it? That’s arguable for basically any time before 2015ish, it did create a dangerous and uncomfortable barrier between trans people and serving in the state legislature but it was by no means the biggest until recently. The most influence we had on politics in the 80s was dying, rioting, and when politicians became regular johns. But today’s implementation? They’ve burned every benefit of the doubt and all that remains is that there’s a slim chance some of these people are only enforcing this rule so strictly because she’s a democrat.

[–] [email protected] 3 points 10 months ago* (last edited 10 months ago)

For public office I'm not entirely sure there should be an exception. I'm not sure why there is, other than people might say it's unfair to women who are the most likely to have had a name change and it's an extra burden than most men won't need to do.

If a man changed his name for marriage I would like to be aware before voting as well.

[–] derf82 1 points 10 months ago (1 children)

So as not to be accused of discriminating against women, who most frequently change name due to marriage.

[–] [email protected] 0 points 10 months ago* (last edited 10 months ago) (1 children)

But that doesn't fulfill the stated reasoning i.e. the law makes sense because voters need to be able to research candidates. Do married women not have lives before marriage? Of course they do, but the law seems to treat their premarital life as completely separate.

Here's what I think: the law may not have been intended to exclude trans folk, but it's definitely sexist, and the intersection of transphobia and sexism can't be ignored.

The law doesn't make sense either, because name changes are public record anyway.

[–] derf82 2 points 10 months ago

Well, when voters see that her husband has the same last name, it becomes pretty obvious she changed her name at marriage.

The law was passed in 1995, before anyone knew what a deadname was. And I do not see it as sexist, especially when the only reason women change names more than men is specifically excluded.

Just because it’s public record (and even then sometimes you can get records sealed) does not mean the information is easily accessible.