By common law, by California state statutes, by state and federal case law, and by the California state and U.S. constitutions, one has the right to live and be known by whatever name they choose, at will. So if you decide to go by a different name than your birth name, then you can change it at will.1 As one of the People, the common law governing name change sits as one of the core principles of the founding of the United States, that everyone has the right to unhindered enjoyment of their person and property without trampling on the enjoyments of others.2 Under California state case law and federal case law, it is clear that this right extends to one having and being personally in control of multiple names that you do business and conduct your life under -- all of them chosen, at will, and perfectly legal without a court order.3 And your word is equal in weight to that of a court ordered name change.4
These laws allow us to evolve and freely self-determine ourselves for our own enjoyment of life and property.
Logically gender and name are very tied together. Gender is a social construction that you present and interact with others as.5 Name, very many times, is an expression of that gender presentation. There are statutory laws, based on the common law, which also prevent gender discrimination in California; they also thus prevent people from discriminating against you based on your name as it is almost always a part of one's gender.6 For instance, my name is Olympia, and when people hear my name, they associate it with me being a female, which is my gender.
In my case with my university, they are refusing to acknowledge and change my name and gender in their main records. I cannot receive a student ID, log-on to my main campus computer account, check out books from the main library, nor receive a diploma in my new gender and name. This is discrimination against my gender identity and hinders enjoyment of my rights.
Additionally, as my word alone is equal in weight to that of a court order regarding my name, their logic that they would still accept a court order (which does not prerequisite having a social security card or any other documents changed) runs counter to their continued switching of reasoning that they must see financial aid documents, and then, having seem them, switching that they must see a social security card in my new name. These are also very clear indicators of continual discrimination against me, that they are intent on continuing to hinder these free rights of the People.
Benjamin Franklin is attributed to have said, “Those who would give up ESSENTIAL LIBERTY to purchase a little TEMPORARY SAFETY, deserve neither LIBERTY nor SAFETY.” My liberty is not worth the measures of this university either, else this land become a prison.
2. U.S. Constitution Article III, Section 2, and Amendment 7.
3. California Packing Corp. v. Kandarian 62 Cal. App. 729, Abdul-Jabbar v. General Motors Corporation, 85 F.3rd 407, Touchton v. Dover Corp./Rotary Lift Div., 319 F.Supp2d 1290
4. In re McUlta 189 F. 250, Christianson v. King County 196 F. 791, United States v. McKay 2 F.2d 257
5. California Student Safety and Violence Prevention Act of 2000, California Penal Code § 422.56
6. California Student Safety and Violence Prevention
Act of 2000, Education Code § 200 and § 220, and Government Code
§ 12926 (l) and § 12926 (p), Penal Code § 422.55, §
422.56, and § 422.6