In re Brian Harris, a/k/a Lisa Harris

Brian Harris was a 39-year-old who had been living as a woman for 20 years. Harris regularly dressed as a woman and used the name Lisa. Harris underwent permanent reconstructive surgery to make Harris’s appearance more feminine, underwent surgery for breast implants, and regularly received estrogen hormone therapy. On April 30, 1996, Harris petitioned the court to legally change Harris’s name to Lisa. Harris’s therapist testified that Harris’s desire to live as a woman was permanent and that a name change would be beneficial for Harris, who would no longer have to explain Harris’s outwardly female appearance or face allegations of deceit when presenting identification with the name Brian. Harris testified that Harris sought the name change because Harris identified as female in gender and had used the name Lisa for 20 years. Harris also testified that Harris sought to undergo sex-reassignment surgery but that the cost of such a procedure was prohibitive. Harris also noted than the name change would result in less confusion and embarrassment when presenting identification. The court, noting that Harris had not undergone sex-reassignment surgery, denied Harris’s petition for a name change on the grounds that without such a surgery, granting the name change would not comport with common sense, common decency, and fairness to the public. Harris appealed.