As in any other court proceeding, the pleadings for a name or gender marker correction become a public record and are therefore open to public scrutiny. This is something that should be communicated to all clients seeking to correct their vital records. This is not intended to be a deterrent, but rather another piece of information that allows clients to make the choices they feel necessary to protect themselves and their well-being. Not everyone is or desires to be “out” as seeking a name or gender marker correction. There are some steps that you can take to help minimize clients’ exposure, but they must understand that there is no way to absolutely guarantee complete confidentiality of this information.

One of the easiest ways to limit the amount of confidential information that is shared is to be mindful of what information you put in your pleadings. While it is necessary to provide a factual basis to support the legal relief being sought, you can be highly selective in how much information is provided at each step in the process. Name corrections are primarily limited by a person’s criminal background, but there is no clear basis on which a name correction is granted or denied. Therefore, it is possible and advisable to provide a relatively generic basis for the requested correction. On the other hand, a gender marker correction requires a relatively specific showing of certain types of medical care. It is possible and advisable to mirror the statutory language as much as possible without expounding on sensitive medical information in the initial Petition. Additionally, information related to medical care should be reviewed very carefully to ensure that extraneous personal information is not inadvertently made part of the public court record. By limiting the amount of information that is shared and the manner in which that information is shared, it will be easier to later request that certain information be formally redacted by the court or sealed from public view if your client desires.

Louisiana law allows for the sealing or redaction of portions of civil court records.1  To be successful, such a request must make a specific showing that the privacy right outweighs the constitutional presumption in favor of public access to the information. Even after weighing the privacy right of the parties against the legal default in favor of public records, it is highly unlikely that a blanket order will issue sealing the entire record. Being mindful of what information is present in each pleading makes it easier to request either the sealing or redaction of specific portions of the record rather than the record as a whole. 

For Petitions for name correction, it may be advisable to request that the case be anonymized by re-captioning to only the Petitioner’s initials following the final judgment changing your client’s name as the case caption is no longer legally accurate. This may be enough to make discovery of your client's case unlikely.  Additionally or alternatively, you may ask that all mentions of your client’s former name be redacted from the record or that the initial Petition be sealed to protect against public inquiry into your client’s gender identity if that information was discussed in the Petition. 

In cases requesting correction of your client’s gender marker, you may likewise request anonymizing and redaction, but it is also highly advisable to request at the time of filing that trial exhibits, transcripts, or memoranda be placed under seal as they will most certainly reveal your client’s very private medical information. 

As always, defer to your client before taking any of these steps as this process is intended to increase and not diminish your client’s sense of empowerment and self-determination. Moreover, filing additional pleadings will come with additional costs that your client may be unable or unwilling to take on.

In addition to sealing or redacting the physical record, you may request that any hearings be conducted in a closed courtroom so as to protect your client’s privacy. Much like a motion to seal, a motion to proceed in private must overcome a presumption in favor of open proceedings by demonstrating a specific need for a closed courtroom for the Petitioner’s benefit and safety.

• 1See Copeland v. Copeland, 2007-CC-0177 (La. 10/16/07), 966 So.2d 1040.