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It does seem like a sound argument, but it'll probably take the ACLU or a million dollars and a private lawyer to convince them. Spending $50 on a court-ordered name change is probably the simplest way to proceed.
Sadly, I already took this “coward's way out” cutting a check to the local probate court rather than raising the matter the hard way, and am now far too satisfied with my legal name to fuck with it any further; someone else with a similar impulse will need to tackle this.
(I wonder if we'll see the ACLU stepping up on this matter only after someone is actually refused a court order for name change... which they generally only do for sex offenders and other criminals whose “crimes involv[ed] moral turpitude”...)
Why is this the coward's way out? If it's more convenient or efficacious to do an extremely minor amount of paperwork and pay a trivial filing fee, that seems totally reasonable.
[ For real law nerds, the real question is why does Alabama use
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as the delimiter for their legal clauses rather than.
like everyone else. ]I'm filling out this form verbally fellating a judge “praying” that he “grant” a fucking permit for something I (should) have every right to do “without resort to regal proceedings”.
That I rolled over and complied with these (arguably) illegal demands, because it was more “convenient” to do so, is essentially a vote of support for the State to shoot down the guy who eventually tries to make the DMV actually abide by the law, on the basis that it's the "usual process" or something like that.
I mean, that's just a matter of framing. The other way of framing it is:
This is a fairly common way of approaching one's relationship with the world. Most people do not do the bare minimum of things that they are strictly required to do but the things that makes everything the most straightforwards.
It might be edgy to post online about how you have every right to do this without a legal proceeding and therefore that is somehow preferable. My view here is that it's very evidently not preferable in any actual sense that matters.
You don't have to argue practicality to me. I already did it, for all the reasons you name. I was only elaborating in reply to this comment asking why I said that what I did is “cowardly”.
Bending over and doing the wrong thing because it's “preferable” to me...
...doesn't magically make it the right thing.
Suing the DMV would not be "strictly required", either, but if I were to win* it would "mak[e] everything [more] straightforwards" for the next guy who would then only have to fill out an Alabama DS-60 clone instead of waiting for a court order to get approved — so by your own logic, that seems like the right thing to do?
*As a boring tactical matter, I probably wouldn't anyway; I don't have any history of crimes involving moral turpitude, I do have a reasonably well-paying job, and I think my county offers hardship fee waivers for the court order even if I were bereft, so I'd be a pretty poor candidate plaintiff due to the question of standing... but that's just contingent.
It's not wrong in any way to do more than the absolute bare minimum in a given interaction. It is fully permitted (it's even morally exemplary) in most cases to do more than what you are strictly required.
For example, an individual might go to the DMV with 4 pieces of identification rather than the legally-required 3 simply to ensure a smooth process (and to keep the line moving). This is likewise not in any way wrong.
First off, I doubt that. The DMV would likely just grant your request which would moot the case since you had already received all the possible relief that you were asking for. So the next guy would be in exactly the same position.
Legal maneuvering aside, it's hardly the thing to stand on unless you're angling for teenaged petulance. It's unbecoming. Be better.
I find it extremely unlikely that the DMV would waive policy only for special ol' me, just because I threatened to take them to court over their illegal behavior. Are you saying that, or that they'd predictably chicken out on their half of the case only after the lawsuit is actually underway? In either case, such action seems like it'd just be begging the ACLU to throw together a form letter to get them to repeat it on cue.
I mean, after you sued and wasted months on it they would grant it, which would moot your case. I don't think anyone (again, angsty teenagers notwithstanding) thinking that filing a form letter and then possibly wasting a day at the DMV then waiting months for a resolution in the courts is preferable to filing a name change for $50 to get an official stamp on it.
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