LGBT Project

The LGBT Project provides free legal advice, information and representation to LGBT individuals throughout Indiana. Common issues we help with:

 

  • Name and Gender Marker Changes
  • Insurance coverage of gender-affirming treatment and services
  • Divorce and family recognition
  • Bullying, education, and youth issues
  • Discrimination

Table of Contents

  1. LGBT Project: Get Help
  2. LGBT Project: About
  3. Name & Gender Marker Changes
  4. LGBTQ+ Students' Rights

LGBT Project: Get Help

The first step in getting help is to complete an intake. Our services are free.

 

We are part of a legal aid program, so the intake covers questions like income and assets, contact information, and details relevant to your legal case. Everything you tell us is confidential.

 

To schedule an intake, contact us at:

  • Phone - 317-829-3180
  • Email - lgbtgroup@ilsi.net
  • Online- Apply here
  • Community Partners - Eskenazi Transgender Health and Wellness Clinic (ask your provider for a referral)

Thanks to a generous grant from the Indiana Criminal Justice Institute (ICJI) and the The Office for Victims of Crime (OVC), the LGBT project is able to assist individuals with household income or assets greater than the Indiana Legal Services limits.

LGBT Project: About

Mission

The LGBT Project of Indiana Legal Services is a statewide legal assistance program providing legal advocacy and representation to LGBT people in Indiana. Our goal is to address the disproportionate rates of poverty and violence in the LGBT community by assisting in issues that cause and affect poverty, violence and discrimination.

 

Staff

Kathleen Cullum, Staff Attorney

kathleen.cullum@ilsi.net

(317) 744-5799

1200 Madison Ave., Suite 300 Indianapolis, IN 46225

pronouns: she/her

 

Patrick Moore, Paralegal

patrick.moore@ilsi.net

317-829-3180

1200 Madison Ave., Suite 300 Indianapolis, IN 46225

pronouns: he/him

 

Megan Stuart, LGBT Project Director

Megan.stuart@ilsi.net

(812) 961-6902

214 S. College Ave, 2nd Floor Bloomington, IN 47404

pronouns: she/her

 

For a confidential intake, contact the LGBT Project:

  • Phone - 317-829-3180
  • Email - lgbtgroup@ilsi.net
  • Online- Apply here
  • Community Partners - Eskenazi Transgender Health and Wellness Clinic (ask your provider for a referral)

We are funded by a generous grant from the Indiana Criminal Justice Institute (ICJI) and The Office for Victims of Crime (OVC).

Name & Gender Marker Changes

Starting the name and gender change process 

The first step is to fill out the court forms. What forms you need depends on if you are filing as an adult (over 17) and if you have any felony convictions. Packets with all the forms you need can be found here.

 

Where do I file?

You must file your case with the county clerk in the county in which you live. Contact information for the Clerk of Court in your county, visit http://www.in.gov/judiciary/2794.htm.

 

How much does it cost?

As of February 2020, the current filing fee in most counties is $157. If you cannot afford the fee, you can request that the Judge allow you to file for free or a reduced amount. This form is called an Affidavit of Indigency and Fee Waiver Request. If you make a fee waiver request that is denied, please contact the LGBT Project of Indiana Legal Services at 317-829-3180 or lgbtgroup@ilsi.net before you pay a fee.

 

Will my case be public?

Yes. Everything you file in your name and gender change cases are publicly available on https://public.courts.in.gov/mycase. If you feel unsafe having your case be made public, court rules allow you to ask that the records be sealed (not available to the public) for your safety. This is called an Access to Court Records request.

 

What do I file?

You should bring the original of the forms in the packets to the clerk, who will stamp the forms and assign a case number, and give you back a copy of the forms.

 

 

Rule 9 hearing or publishing in a newspaper

  • Rule 9 Hearing

If you made a Rule 9 request, the court will have a hearing about this request. Some Counties, such as Marion, will have this hearing the same day as your name and gender marker hearings, while a few others will schedule two hearings.

 

The issue at this hearing is why the court should seal the record and waive publication. You will need to show the judge that you would face a significant risk of substantial harm if your name/gender change was published or made public. To show this, you can tell the judge about any violence or discrimination you have experienced or witnessed, or why you fear for your safety should you be outed as trans.

 

  • Publication in a Newspaper

How publication works and what needs to be published varies from county to county, so you should ask the clerk what the procedure is where you live. Regardless of the process, the notice must appear once a week for three weeks in a local newspaper. The last publication date must be at least thirty days before your hearing date. You should then return this proof of publication to the clerk.

 

 

Name and Gender Change Hearing

When and where will my hearing be?

After you file the paperwork, the clerk will mail you an order letting you know when your hearing is. The hearing will be in the County Court in the county where you live. The hearing notice will let you know what court and in which courtroom.

 

Do I need to do anything before the hearing?

It depends. If you don’t ask that the records of your case be made private and the publication requirement waived, before your hearing, you will need to place an ad in a newspaper in your county. Directions about that process are in the packets.

If you asked that your case be private, you don’t need to do anything.

 

 

What should I bring to my hearing?

You should bring the following to your hearing(s):

  • Indiana photo ID;
  • Original or certified copy of Birth Certificate;
  • US passport, if you have one;
  • Letter from your doctor or therapist about your transition, if you have one.

 

What will happen at the court hearing?

At the hearing, the Judge gets information from you about why you want to keep the records of the case private (if you asked for htt) and why you want to change your name and gender marker. The Judge will likely just ask you about all the information in the documents you gave to the court. 

Some Counties, like Marion, will have a hearing on your request to keep the records private the same day as your name and gender marker hearings, while a few others will schedule two hearings. 

 

What happens after the hearing?

After the hearing, the Judge should sign the Name and Gender Marker Change Order you submitted when you started your case. When this Order is signed your name and gender marker are legally changed! Sometimes you get the order on the day of the hearing, other times the court will mail you a copy after they process the paperwork. We recommend getting 2-3 certified copies of the order from the clerk. 

A guide from Indiana Legal Services abut updating Indiana IDs is available here. For information about updating put of state IDs, please visit the National Center for Transgender Equality’s Document Center.

 

 

Helpful Links:

Name and Gender Marker Change FAQ

Name and Gender Marker Change Forms

LGBTQ+ Students' Rights

Students in public schools and schools that receive federal funding have the right to:

  • Be free from bullying, and harassment from students, staff, and teachers;
  • Speak about LGBTQ+ issues and be out at school;
  • Dress according to your gender identity and expression;
  • Start or participate in GSAs or other LGBTQ+ student groups;
  • Bring the date of your choice to school events like prom;
  • Use the bathrooms and locker rooms that match your gender identity;
  • Be called by your preferred name and correct pronouns, even if you have not had a legal name or gender marker change.
  • Participate in sports teams according to your gender identity regardless of your sex assigned at birth.

If your school isn’t respecting your child’s rights, contact the LGBT Law project at 317-829-3180 or lgbtgroup@ilsi.net or fill out our on-line intake here