Three Warren County families claimed Kirby discriminated against them by rejecting name changes sought for their transgender children in juvenile court in Warren County.
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Kirby’s lawyers’ motion gave Bertelsman 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.
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Stephanie and Kylen Whitaker filed for a name change on April 24 in Warren County Juvenile Court on behalf of their 15-year-old child.
The judge said the change was not “reasonable and proper and in the child’s best interest at this time.”
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