You deserve to be treated with dignity and respect in court but, unfortunately, not all judges and court staff will respect your gender identity and expression. In many states, judicial canons and ethical codes demand that judges, attorneys and court staff treat all court users with respect. Unfortunately in courts across this country, transgender and gender-nonconforming people are disrespected in the courtroom by judges, court personnel and sometimes even by their own attorneys.

Showing respect for transgender people in court includes:

• Addressing transgender and gender-nonconforming court users by their correct names and pronouns. You can ask your attorney to refer to you by your correct pronouns, and you or your attorney can ask the court to do the same. The best practice is to refer to people by the name and pronouns they identify with whether or not an individual has had a legal name change. Attorneys should indicate to the court how their clients would like to be referred to if there is a question about name or pronouns. An attorney can communicate this through a formal written motion (sample motion here) or through an informal conversation with the judge.
• Keeping gender and gender identity private when it is not relevant in the court proceeding. Sometimes transgender and gender-nonconforming people are outed in open court when their gender is not relevant in the court proceeding. This can be traumatic and can put transgender people at risk of harassment and violence when leaving the courtroom. It’s important for court staff to respect people’s privacy and not raise the issue of gender identity if it isn’t related to the case.
• Allowing transgender people to wear clothing that matches their gender identity or expression. Sometimes transgender people are asked by a judge to wear clothing that does not match their gender identity or expression as a condition of appearing in court or resolving their case. This would be like requiring a cisgender man to wear a dress in court. There is no reason for it, and it dehumanizes the person asked. People should be allowed to dress as they feel is appropriate.
• Allowing name changes that correspond with your gender identity. Sometimes judges deny name changes based on prejudice and insensitivity toward transgender people. Again, this would be like forcing a cisgender man to take a woman’s name that he did not choose. Judges should respect individuals, including their desire to change their names to correspond to their gender identity.

In addition to showing respect to transgender and gender-nonconforming people in their courtrooms, the presiding judges are responsible for ensuring that all court staff also show respect and courtesy to court users regardless of gender identity or expression.

In a case on behalf of Private Chelsea Manning, the United States Army Court of Criminal Appeals ordered the military to stop using male pronouns, her former name, or an “also known as” pseudonym in all legal papers filed in her appeal. This recognizes that the interests of justice require the court to use the correct name and pronouns with which the individual identifies.

Discrimination against transgender people in court can happen for a variety of reasons, including implicit bias, lack of understanding about gender identity, or direct “hostility” toward those who do not follow societal gender norms. Lambda Legal’s Fair Courts Project trains judges, attorneys and court staff across the country about cultural competency related to gender identity and expression. This reduces bias in our courts and increases access to justice for transgender and gender-nonconforming court users. To learn more about fair courts, visit www.lambdalegal.org/issues/fair-courts-project. If you have experienced discrimination in court, call Lambda Legal’s Help Desk.

The judicial canons and court rules of many states prohibit bias and discrimination in the courts on the basis of gender identity, gender expression and/or sexual orientation. The judicial canons and court rules of each state differ. Not all states have codes, rules and canons that are specifically inclusive of sexual orientation, gender identity and/or gender expression. All states require that judges not show bias or prejudice and demand the same of court staff. You can find the judicial canons and court rules for your state here.

You should be treated with respect at all times in court, regardless of whether court rules or judicial canons expressly prohibit discrimination based on gender identity, gender expression or sexual orientation. However, biased and discriminatory language and treatment does happen in courts.

Lambda Legal’s Protected and Served? survey of LGBT and HIV positive individual’s experiences with the courts found that:

Of the 965 survey respondents who were in court during the previous five years:

• 19% heard a judge, attorney or other court employee make negative comments about a person’s sexual orientation, gender identity or gender expression;
• 6% heard negative comments about an individual’s HIV status.

The data reflect both comments directed at the respondent and those heard about someone else.

Some survey respondents reported hearing discriminatory comments about sexual orientation or gender identity at higher rates. These included people of color, transgender and gender-nonconforming people, people with disabilities and people with low income.

If you experience bias or discrimination in court as a defendant, witness, juror, plaintiff or attorney because of sexual orientation, gender identity, gender expression or HIV status, call Lambda Legal’s Help Desk. You may also consider submitting a complaint against the judge or court officer who treated you with bias or discrimination (see How can I or my attorney file a complaint against a judge?)