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Judge changes baby's name because she doesn't like it


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#1 ᗅᗺᗷᗅ

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Posted 12 August 2013 - 08:27 AM

From BBC News:

 

A judge in the US has ordered a baby's first name to be changed from Messiah to Martin, arguing that the only true messiah is Jesus Christ, reports say.

 

The parents of seven-month old Messiah DeShawn Martin had gone to court in Tennessee over his last name.

 

But Child Support Magistrate Lu Ann Ballew ordered the first name changed too, local broadcaster WBIR-TV said.

 

Last year more than 700 babies were named Messiah in the US, according to the Social Security Administration.

 

Christianity refers to Jesus as the Messiah, while Judaism uses the term to mean an anticipated saviour of the Jews.

 

Dictionary definitions say the word can mean someone who is seen as a saviour or a liberator.

The judge in Cocke County said the name Messiah could cause the boy difficulties if he grew up in such a predominantly Christian area.

 

"It could put him at odds with a lot of people and at this point he has had no choice in what his name is," Judge Ballew said.

 

Instead she ordered that the baby was to be named Martin DeShawn McCullough, which includes both parents' last name.

 

"The word Messiah is a title and it's a title that has only been earned by one person and that one person is Jesus Christ," the judge added.

 

The baby's mother Jaleesa Martin told WBIR she would appeal against the judge's order.

"I didn't think a judge could change my baby's name because of her religious beliefs," she said.

 

She said she chose the name not because of its religious connotations, but because she liked how it sounded with her two other children's names, Micah and Mason.

 

Messiah came in at number 387 in the list of the most popular of baby names in the US in 2012, up from 633 in 2011.

 

"I didn't think a judge could change my baby's name because of her religious beliefs."

 

She can't.  That's obnoxious, not to mention an abuse of power.  That judge should lose her job.  But it's Tennessee, so they'll probably pin a medal on her instead.





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#2 Manoka

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Posted 12 August 2013 - 08:48 AM

It actually depends.

 

Some names aren't allowed because they're too long, too weird, use weird lettering, or at least the government doesn't accept that.

 

 

Although I don't think messiah is on the no no list.

 

Still, it makes you wonder.



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#3 Thrash

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Posted 12 August 2013 - 08:58 AM

Sweden wouldn't let a couple name their baby Metallica.



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#4 Justavictim82

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Posted 12 August 2013 - 09:05 AM

People act like this is a startling new development.. it's not (see Frank Zappa). The courts shouldn't be allowed to have their input into a legal name. Hell if I wanted to nae my son Shitberger in December when he is born, that is my right.

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#5 King Biscuit

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Posted 12 August 2013 - 09:33 AM

"I didn't think a judge could change my baby's name because of her religious beliefs."

 

She can't.  That's obnoxious, not to mention an abuse of power.  That judge should lose her job.  But it's Tennessee, so they'll probably pin a medal on her instead.

 

This exactly.

... and that ladies and gentlemen is just one more example of government not minding it's own god dammed business.

 

To Justas point, yes he should be able to name his son whatever he wants, but yes, there are banned names.

Messiah is not one of these names.

 

If I wanted to name my son (lol never having kids) Jesus Lucifer, I damn well will, and you can fuck off.

Insert obligitory 'Murica.



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Posted 12 August 2013 - 09:38 AM

Oh I'm confident this will be overturned.  It's more the idea of it.

 

Thrash, are you sure it wasn't Norway?  They have rules there about what babies can be named — basically they want to ensure that Norwegian babies have Norwegian names (a foreign baby born there could be named whatever).  But of course even then they have no control over what parents call a kid, no matter what the legal name.  (Possibly neighboring Sweden has similar rules.)  But the United States has no such laws and no "banned names."  The only rule is that it must be pronounceable and use letters, no symbols or numbers (I'm not sure how Prince got around this during the period when his name was that weird symbol; possibly that was never his legal name).  So you couldn't name your son 7, but you could name him Seven.

 

New Zealand apparently likes to ban names too.



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#7 Haflinger

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Posted 12 August 2013 - 10:32 AM

Prince never changed his legal name. The weird symbol is just a stage name.

 

Prince is his first given name.

 

Iceland has strict laws about baby names. They're trying to preserve Nordic culture against English names. I don't know about Norway and Sweden.



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#8 Manoka

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Posted 12 August 2013 - 10:41 AM

Theoretically you can name your kid whatever you want, but there's the issue of legal identification.



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Posted 12 August 2013 - 10:58 AM

I think it's basically the same in Norway, and probably Sweden too.

 

The thing is, I think Messiah is an awful name.  But it's not for me to say.  When I was doing my maternity rotation there was a young couple who named their new son Fontanelle, which is the word for the soft spot on a baby's head.  They had overheard the nurses talking and liked the name.  Heh.

 

On the other hand, having a boring name like Jon I've always been a little jealous of people with more interesting names.  When I was about 10 or 11 I was fixated on the name Alasdair, which I'd heard on You Can't Do That On Television.  :)



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#10 PrinceVegeta

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Posted 12 August 2013 - 03:12 PM

Heh, I know a few folks named Messiah, then again, I'm not in TN.

 

Really trying not to rant on this though. -_-



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#11 Thrash

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Posted 12 August 2013 - 03:50 PM

 When I was about 10 or 11 I was fixated on the name Alasdair, which I'd heard on You Can't Do That On Television.   :)

 

Daiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii heard that.



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#12 King Biscuit

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Posted 12 August 2013 - 04:09 PM


When I was about 10 or 11 I was fixated on the name Alasdair, which I'd heard on You Can't Do That On Television. :)


Daiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii heard that.

What the hell was the chef's name again?

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#13 Ellis

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Posted 13 August 2013 - 07:10 AM

While that Judge is an extremely good example of why the government shouldn't be able to control what you name your child, I think there should be some control other than just the letters only type stuff. If you want to name your child Shitburger in December, or Adolf Hitler (some guy in N.J. actually did this), you're an asshole, and you shouldn't be allowed to name children. While I'm certainly not saying the New Zealand system's perfect, it's better to ban a few kinda out there names and stop people ruining their children's lives (or at least childhoods) than let it be a total free-for-all. 

As an aside, and knowing it's not something you could enforce, intent counts for a lot, in KB's example, I'd say naming your child Jesus Lucifer just to piss off Christians is wrong, because that's using your child as a religious/political/whatever statement, and if you care so much, maybe you should seek a legal name change, instead. Naming your child Jesus Lucifer, say, after your paternal and maternal grandfathers, or even just because you actually think it's a cool name, that's fine, and shouldn't be offensive to a reasonable person, any more than a child named Mohammed would be.



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#14 Thrash

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Posted 13 August 2013 - 07:17 AM

 


When I was about 10 or 11 I was fixated on the name Alasdair, which I'd heard on You Can't Do That On Television. :)


Daiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii heard that.

What the hell was the chef's name again?

 

Barth.



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#15 Thrash

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Posted 13 August 2013 - 07:20 AM

Also, Jorost, it was Sweden:

 

http://www.cbsnews.c...62-2642630.html

 

And thoughts on this?

 

http://www.thesmokin...ly-court-691243



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#16 Haflinger

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Posted 13 August 2013 - 07:49 AM

I have mixed feelings about the neonazi case to be sure. If there really is child abuse going on, then it's obvious: the kids need to be taken away for their own protection, and they'll wind up with new names when they get adopted anyway.

 

If what Mr. Campbell is saying is true, that the children have simply been targeted because of his political beliefs, then I think that's wrong. While Naziism is itself a remarkably nasty and intolerant political movement, I think the best answer to it is to treat it like any other political movement, and rob it of its justification.

 

The Sweden case is less interesting than you might think. Swedish law requires parents to register their child's name within the first 5 years of life. The law states (well, this is a translation of course) "First names shall not be approved if they can cause offence or can be supposed to cause discomfort for the one using it, or names which for some obvious reason are not suitable as a first name." Which is pretty vague.

 

Sweden's not like Iceland, where there's a specific directive to only allow baby names from the approved list of traditional Nordic names.

 

The Metallica baby's name application was rejected by the tax authorities, who are in charge of the name registry, because they thought it was inappropriate. However, the parents appealed the decision to the courts, and won. That baby got named Metallica legally and presumably still lives in Sweden. Which is why it's not that interesting a story. :)

 

The main intention of the Swedish naming law is to prevent people from using noble titles they haven't been granted on their babies.



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Posted 13 August 2013 - 07:58 AM

I hadn't thought of the noble angle, but of course it makes perfect sense.  In Germany, for example, noble titles no longer hold any legal weight, they are just part of the name.  So now there are a lot of people who have added the noble "von" to their names, which no doubt annoys the hell out of people whose families legitimately earned them.
 
I'm with Haf on this one in that I'm torn.  My instinct is to say that parents should be able to name their children whatever they want, even Shitburger McDoofus or Adolf Hitler.  Yes, those kids are probably going to have screwed up lives.  But they were going to have screwed up lives no matter what they were named, because parents who would pick a name like that are, by definition, screwed up.  My guess is that in most of these cases it wouldn't take much to turn up evidence of more serious child abuse or neglect.
 
I'm also sympathetic to countries wanting to preserve their cultural heritage.  I'm not sure naming restrictions are the answer, though.  It seems to me that once you start restricting things you've already lost.  Still, it's not uncommon:
 
 

8 Countries With Fascinating baby Naming Laws
 
1. GERMANY

In Germany, you must be able to tell the gender of the child by the first name, and the name chosen must not be negatively affect the well being of the child. Also, you can not use last names or the names of objects or products as first names. Whether or not your chosen name will be accepted is up to the office of vital statistics, the Standesamt, in the area in which the child was born. If the office rejects your proposed baby name, you may appeal the decision. But if you lose, you'll have to think of a different name. Each time you submit a name you pay a fee, so it can get costly. When evaluating names, the Standesamt refers to a book which translates to "the international manual of the first names," and they also consult foreign embassies for assistance with non-German names. Because of the hassle parents have to go through to name their children, many opt for traditional names such as Maximilian, Alexander, Marie, and Sophie.
Rejected names: Matti was rejected for a boy because it didn't indicate gender.
Approved names: Legolas and Nemo were approved for baby boys.
 
2. SWEDEN

lego-digital-camera.jpg
 
Enacted in 1982, the Naming law in Sweden was originally created to prevent non-noble families from giving their children noble names, but a few changes to the law have been made since then. The part of the law referencing first names reads: "First names shall not be approved if they can cause offense or can be supposed to cause discomfort for the one using it, or names which for some obvious reason are not suitable as a first name." If you later change your name, you must keep at least one of the names that you were originally given, and you can only change your name once.
Rejected names: "Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116" (pronounced Albin, naturally) was submitted by a child's parents in protest of the Naming law. It was rejected. The parents later submitted "A" (also pronounced Albin) as the child's name. It, too, was rejected.
Also rejected: Metallica, Superman, Veranda, Ikea, and Elvis.
Accepted names: Google as a middle name, Lego.

3. JAPAN

In Japan, one given name and one surname are chosen for babies, except for the imperial family, who only receive given names. Except for a few examples, it is obvious which are the given names and which are the surnames, regardless of in what order the names have been given. There are a couple thousand "name kanji" and "commonly used characters" for use in naming babies, and only these official kanji may be used in babies' given names. The purpose of this is to make sure that all names can be easily read and written by the Japanese. The Japanese also restrict names that might be deemed inappropriate.
Rejected names: Akuma, meaning "devil."
 
4. DENMARK

Denmark's very strict Law on Personal Names is in place to protect children from having odd names that suit their parents' fancy. To do this, parents can choose from a list of only 7,000 pre-approved names, some for girls, some for boys. If you want to name your child something that isn't on the list, you have to get special permission from your local church, and the name is then reviewed by governmental officials. Creative spellings of more common names are often rejected. The law states that girls and boys must have names that indicate their gender, you can't use a last name as a first name, and unusual names may be rejected. Of the approximately 1,100 names that are reviewed each year, 15-20% of the names are rejected. There are also laws in place to protect rare Danish last names.
Rejected names: Anus, Pluto, and Monkey.
Approved names: Benji, Jiminico, Molli, and Fee.
 
5. ICELAND

The Iceland Naming Committee, formed in 1991, is the group that decides whether a new given name will be acceptable. If parents want to name their child something that is not included on the National Register of Persons, they can apply for approval and pay a fee. A name has to pass a few tests to be approved. It must only contain letters in the Icelandic alphabet, and must fit grammatically with the language. Other considerations include whether it will embarrass the child in the future and how well aligned it is with Icelandic traditions. It must have a genitive ending or have been previously adopted. Also, names should be gender specific, and no one can have more than three personal names.
Surnames in Iceland usually follow an interesting tradition. They are not family names, but are rather patronymic, or occasionally matronymic, with part of a person's last name including their father's name. If a father's name is Eric, then his son's surname would be Ericsson (or Eric's son), and his daughter's surname would be Ericsdottir (or Eric's daughter). [note: According to one of our Icelandic _flossers, since 'C' is not an Icelandic letter, the correct spelling is 'Eira­kur' and his offspring would be Eiraksson/Eiraksdottir, e.g. Leifur Eira­ksson] Occasionally, there are true family names in Iceland, that are passed down to each generation. But they are usually in families originally from other countries, or in families where a family name was adopted at one point.
 
6. NEW ZEALAND
 
bensonsoft100s.jpg
 
New Zealand's Births, Deaths, and Marriages Registration Act of 1995 doesn't allow people to name their children anything that "might cause offence to a reasonable person; or [...] is unreasonably long; or without adequate justification, [...] is, includes, or resembles, an official title or rank." Officials at the registrar of births have successfully talked parents out of some more embarrassing names.
Rejected names: Stallion, Yeah Detroit, Fish and Chips, Twisty Poi, Keenan Got Lucy, Sex Fruit, Satan, and Adolf Hitler
Approved names: Benson and Hedges (for a set of twins), Midnight Chardonnay, Number 16 Bus Shelter, Violence
 
7. CHINA


Most new babies in China are now basically required to be named based on the ability of computer scanners to read those names on national identification cards. The government recommends giving children names that are easily readable, and encourages Simplified characters over Traditional Chinese ones. Parents can technically choose the given name, but numbers and non-Chinese symbols and characters are not allowed. Also, now, Chinese characters that can not be represented on the computer are not allowed. There are over 70,000 Chinese characters, but only about 13,000 can be represented on the computer. Because this requirement is a new one, some citizens are having their name misrepresented, and some have to change their names to be accurately shown on the identification cards.
Rejected names: "@": Wang "At" was rejected as a baby name. The parents felt that the @ symbol had the right meaning for them. @ in Chinese is pronounced "ai-ta" which is very similar to a phrase that means "love him."
 
8. NORWAY

If you read this post earlier this morning, we said that first names, but not middle names, were governed by Norwegian law. Well, thanks to a Norwegian _flosser Solvi, who was kind enough to send over a Web site (written in Norwegian, of course), we now know that these laws were changed in 2002. Apparently, there used to be an official government list of all allowed names. Last names could not be used as first names, and foreign names that were religious in nature, such as Jesus, or that were insulting would not make the cut. Last names also used to adhere to certain rules. If you wanted to change your last name, you would have to show that you were very close to someone else with that last name, such as when you take your spouse's last name or your mother's maiden name. Last names that were shared by 500 or fewer people were also protected. It seems that one would have to get the permission of all of the people with that last name if one wanted to adopt the name. Talk about oy to the vey!
Previously rejected names: "Gesher" was rejected as a boy's first name to the point where the child's mother was jailed for refusing to pay the $420 fine.



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#18 Haflinger

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Posted 13 August 2013 - 08:04 AM

Yeah, if by "legitimately earned them" you mean "were really good at murdering their neighbours" then I'll agree with you. B-)



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Posted 13 August 2013 - 08:30 AM

Yeah, if by "legitimately earned them" you mean "were really good at murdering their neighbours" then I'll agree with you. B-)

 

Peasant.  :P



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Posted 13 August 2013 - 09:00 AM

I have to say, though, I kind of like the rule that says you have to be able to tell the gender from the name.  I run into this a lot, both at school and at camp.  Oddly, most immunization records/school health forms do not have a line for "gender."  Sometimes I can tell by the narrative notes ("he/she may participate in all sports," etc.) but often I have to wait until I actually meet the kid.



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