Lawyers for the Warren County judge facing a federal lawsuit over transgender name change denials want the case thrown out.
The request meets a deadline set in the lawsuit filed on behalf of three families who claim Judge Joe Kirby discriminated against them by rejecting name changes sought for their transgender children in juvenile court in Warren County.
Judge William Bertelsman is provided five reasons to dismiss the case, including a law preventing federal judges from interfering in state court cases.
“Federal courts are not to act as courts of appeal over the decisions of state courts,” lawyer Aaron Glasgow wrote in the motion filed on Friday in U.S. District Court. That was in reference to the one case on which Kirby has already ruled and is on appeal in the Ohio 12th District Court of Appeals in Middletown.
In reference to the claim made by one family in a case Kirby has yet to rule on, Glasgow said, “By seeking a declaration that Judge Kirby’s anticipated decision would be unlawful, plaintiffs are essentially asking this court to intervene in that proceeding, as well as dictate to Judge Kirby what his decision must be on that pending application,” Glasgow added.
The third family has yet to file for a name change.