Transgender felons challenge law barring them from changing their names

The 1998 Name Change Act presumes that a convicted criminal would only change their name for fraudulent purposes

The Commonwealth Court of Pennsylvania will decide if transgender former felons can legally change their names (iStock by Getty/ nito100 )

A court in Pennsylvania will this week hear a legal challenge by transgender women to a state law prohibiting people who have committed serious crimes from ever changing their names.

The lawsuit, filed in May 2019, was brought by three plaintiffs who live as women but are unable to change their masculine first names because of the 1998 Name Change Act.

Under Pennsylvania law, any convicted felon must wait two years after completion of their sentence to apply for a name change. Those convicted of more serious felonies are permanently barred from changing their names. The law presumes that those seeking a name change may intend to commit fraud or escape the consequences of their crimes.

The plaintiffs are Chauntey Mo’Nique Porter, who has a 2008 aggravated assault conviction; Alonda Talley, who was convicted in 2009 of aggravated assault; and Priscylla Renee Von Noaker, who served 10 years in prison on a 1987 rape conviction. All three kept their previous or similar surnames.

The women are working with the Transgender Legal Defence and Education Fund and law firm Reed Smith, which is working on the case pro bono.

Lawyers for the women argue that having control of one’s name is a right that cannot be overridden by the presumption that one might engage in fraud when seeking a name change whether or not they are a felon.

They are currently forced to use undesired names in order to conduct their daily lives. In court documents, Ms Porter even states that she was told by doctors that she does not qualify for gender confirmation surgery because she is not “living as a woman” with her undesired, legally-imposed name.

The legal action is not intended to overturn the law entirely, but to allow for those seeking a name change to go to court and show that their name change is for non-fraudulent purposes — such as for gender transition. The current law does not allow for this.

Patrick Yingling of Reed Smith, said that the women not only desire self-expression through their names, but they also want to avoid harassment, abuse and violence.

“If they can’t get their name changed, they need to show an identification card that presents an undesired name that doesn’t match their gender identity or appearance,” Mr Yingling said. “In effect, they need to ‘out’ themselves as transgender on a regular basis, sometimes in situations in which they do not feel comfortable doing so.”

State Attorney General Josh Shapiro issued a statement on Tuesday that his office has responsibility to defend the constitutionality of Pennsylvania laws, “despite my personal opinion”.

“I understand that being required to live with a name that doesn’t represent who you really are creates a myriad of hardships,” Mr Shapiro said.

The state attorney general’s office argues that under the state constitution there is no fundamental right to change one’s name, and that the 1998 law was intended to enhance public safety and welfare. The Commonwealth Court in Pittsburgh will hear oral arguments on Thursday.

According to a 2015 survey conducted by the National Centre for Transgender Equality, nearly 1,200 transgender residents of Pennsylvania, 30% of respondents who had shown an ID with a name or gender that did not match they way they present themselves to the world had experienced harassment, been denied benefits or service, were asked to leave, or were assaulted.

The Associated Press contributed to this report