AUGUSTA — When Richmond Country Superior Court Judge Duncan Wheale entered
his chamber Sept. 11 to hear oral arguments for a transgendered woman who spent
two years seeking a legal name change, the first thing he did was introduce himself
to her.
“You should be encouraged that I’m calling you Vickee,” Wheale
said.
Ben Douglas Gatliff, now legally named Victoria “Vickee” Jeane
Gatliff, first filed for a name change in January 2001. But the request saw
no action for two years because Gatliff’s original attorneys did not
present all the requested information, Wheale said at the hearing.
But last week, Wheale ended the wait by granting Gatliff’s name change
after he reviewed a criminal background check and evidence from doctors explaining
that transgendered people must live full-time in their new gender for one year
prior to gender reassignment surgery.
“You are now Vickee,” Wheale said as the hearing wrapped up.
For Gatliff and her partner, Sheree Gatliff, the long-awaited name change
proved both gratifying and frustrating.
“I think the whole thing was ridiculous,” Sheree Gatliff said. “It’s
been over two years for a name change.”
“It’s just a step in a long transition for me,” Vickee Gatliff
said. “I’m very pleased.”
Gatliff plans to have gender reassignment surgery in 2005, she said.
Prior to the hearing last week’s hearing, Wheale said he refused to
sign the name change order until Gatliff received gender reassignment surgery
because he had not been provided a criminal background check or proof from
doctors that Gatliff needed the name change prior to the surgery.
“My concern is if a man who has not had a sex change, and he is a sex
pervert or a pedophile and gets new ID and goes and dresses up like a woman
and goes into the bathroom and watches little girls go to the bathroom and
changing clothes, I have a problem with that,” Wheale said in a May interview
with Southern Voice.
But Wheale reversed course after receiving the information from Greg Nevins,
an attorney for Lambda Legal Defense & Education Fund’s office in
Atlanta.
Living as a woman, but still having a male name, Gatliff faced difficulties
when writing checks, presenting credit cards, or using her driver’s license
as identification, according to Nevins.
“We explained the process of transitioning and that transgendered people
should be treated no differently,” Nevins said after the hearing.
Lambda Legal picked up the case in May after Gatliff’s original attorneys,
Cecilia Toole and Chris Nicholson, failed to obtain the name change for more
than two years.
Toole and Nicholson first requested the change in January 2001, but dropped
that request and filed a new request in January 2003, in an attempt to side-step
Wheale, which Gatliff said led her to believe that the judge dismissed her
name change petition out of transgender bias.
“I feel like I’ve been beaten up, raped and left on the side of
the road by a bigot who usurps his authority to discriminate against me for
his personal beliefs and not the law his is sworn to uphold,” Gatliff
told Southern Voice in an article published May 23.
At last week’s hearing, Wheale responded to the Southern Voice coverage.
“I am not a bigot,” Wheale said. “I’ve worked all
my life to prove I am not a bigot.”
Wheale added that a favorite workout partners is an openly gay man.
“Cases shouldn’t spiral out of control like this,” Wheale
said after commending Nevins for his work on the case.
Nevins “has satisfied me that you have a genuine interest in becoming
a woman,” Wheale told Gatliff.
The designated gender on Gatliff’s birth certificate is to remain male
until after the gender reassignment surgery, but other identification can be
changed, Wheale ruled.