Last month, Kirby made the name change requested by a transgender teen known as H.C.W. after the 12th District Court of Appeals reversed his decision rejecting the name change.
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The family of the teen, known as J.O.S., joined H.C.W’s family in a lawsuit filed in U.S. District Court in Cincinnati to force the change.
This case was dismissed in a decision pointing to the pending 12th District appeal, which overturned Kirby in a March 4 opinion.
"The probate court's fixation upon H.C.W.'s maturity to express a meaningful preference resulted in its failure to consider other significant factors relation to H.C.W.'s best interest," Judge Michael Powell of the 12th District Court of Appeals in Middletown wrote.
RELATED: LGBTQ groups join effort in Warren County name-change lawsuit
In both cases, the teen was born female but identifies as male, prompting the name change requests.
Lawyer Josh Langdon represented both teens.
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