The child's mother, Jaleesa Martin, is appealing.
According to a brief filed Friday in Cocke County Chancery Court by Martin's attorneys, Child Support Magistrate Lu Ann Ballew held a paternity hearing for Messiah Martin on July 22. At the hearing, Ballew established that the boy's father was Jawaan McCullough. She also considered McCullough's wish to change Messiah's surname to his own. Ballew ruled against that request, keeping the child's name Messiah Martin.
However, Ballew later seems to have reconsidered.
According to the brief, in the magistrate's written findings "the section regarding the child's name was originally filled out but then appears to have been whited out, with the magistrate then writing that the child's name is 'reserved until further hearing.'"
Ballew called a second hearing on Aug. 8, where she changed the baby's name to Martin McCullough, although neither parent had requested the change. In the new written findings, Ballew explained the change by saying that the name Messiah was not in the child's best interest.
"'Messiah' means Savior, Deliverer, the One who will restore God's Kingdom. 'Messiah' is a title that is held only by Jesus Christ," she wrote.
Ballew further stated that "it is highly likely that he will offend many Cocke County citizens by calling himself 'Messiah'."
A phone number listed for Ballew rang unanswered Monday, and a message left for her by The Associated Press was not immediately returned.
The brief filed Friday is in support of Jaleesa Martin's request to reverse Ballew's decision. It argues that there is no legal basis for the magistrate to change the child's first name and takes issue with the idea that the name Messiah is harmful to the child.
"The Magistrate's decision, while couched in terms of being in the child's best interests, is a grossly unconstitutional imposition of the Magistrate's own religious beliefs upon (Jaleesa Martin, Jawaan McCullough) and their child," it states.
The appeal hearing is Wednesday.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
East Tennessee judge changes infant's name from 'Messiah'
Complaint filed on East Tennessee judge who changed baby's name from 'Messiah'