HB 2542: The Importance of a Name Change
The Illinois name change ban is recognized as one of the most restrictive laws around legal name changes when compared to other states in the nation. The Illinois name change ban is discriminatory in nature, imposes harsh restrictions, and creates barriers for individuals who wish to change their name, in addition to the already long name change process. Given the current law, legally changing your name in Illinois requires tedious paperwork and is time-intensive and expensive. For those with felony convictions, the waiting period for a name change name is 10 years after their sentence has been concluded which delays the right to a name change. Along with those who have identity theft or other criminal convictions, the Illinois name change ban discriminates against transgender, gender non-binary, and gender-expansive people as well as survivors of human trafficking.
The option for transgender or gender non-binary (TNB) people to legally change their names is critical to their health and safety. TNB people experience disproportionately high rates of incarceration. This opens them up to harassment and discrimination by potentially outing them in situations where state IDs are required, including accessing employment, housing and health care. The Transformative Justice Law Project of Illinois reveals that ”thirty-two percent of trans and gender expansive people who showed IDs with a name or gender marker that did not match their presentation reported being harassed, denied services or being attacked” (2022).
To combat the unjust Illinois name change ban, House Bill 2542, or the Name Change Modernization Bill, was introduced to modernize the outdated name change law in Illinois and ultimately expand people’s access to legal name changes such as with waivers that allow the publication requirement to be bypassed. HB 2542 would repeal the excessive waiting period and lifetime ban for those with felony convictions who are seeking a legal name change. As a result of this legislation, HB 2542 would make the name change process more efficient and transparent and give judges increased discretion in granting name changes.
CRS believes that people who have completed their sentence(s) should not face barriers when released and we work to eliminate collateral consequences and dismantle discriminatory practices and laws like the Illinois name change ban. The passing of HB 2542 is crucial to removing the obstacles faced when legally requesting a name change and would lead to improvements in health outcomes, safety, access to resources, economic stability, and equity for the communities impacted.
Support is needed for HB 2542! You can advocate for HB 2542 by signing a petition from the ACLU. Individuals interested in issues surrounding LBGTQIA+ communities can get involved in our LGBTQIA+ Faith, Race and Equity Issue Team by emailing info@communityrenewalsociety.org.