MADISON, Wis. — Wisconsin’s public requirement for transgender people to publish their name changes in local newspapers has sparked significant concerns among the transgender community and their advocates. This process, they argue, inadvertently creates a risk by exposing them to potential discrimination and violence. The issue has been further complicated by a 2023 state appeals court ruling that required proof of potential physical harm, not just psychological, to grant a confidential name change.
In 2022, a teenage boy in Madison made headlines when his family sought to officially change his name to reflect his male identity, aligning with his lived experience and supporting his upcoming milestone of obtaining a driver’s license. However, state law required his old and new names to be published, effectively outing him as transgender to the community.
This publication requirement, steeped in a 167-year-old law intended to prevent individuals from evading debts or criminal records, does not mirror those for changing one’s name through marriage, which are exempt from public announcements.
This issue isn’t isolated to Wisconsin. Nationwide, less than half the states in the U.S. require such public disclosures, though a recent push has emerged in several states to amend these laws, recognizing the unique risks they pose to transgender individuals. States like Michigan and Illinois have already removed these requirements, and efforts are underway in California to not only eliminate them but also retroactively seal all transition-related court records.
The vulnerabilities of the transgender community, particularly minors, are pronounced under such laws. Cary Bloodworth, who directs a family law clinic at the University of Wisconsin Law School, noted that the legal system typically offers more privacy to youths in other contexts to avoid lifelong repercussions from events in their formative years.
Despite these privacy concerns, the requirement persists, and its impacts are profound. For instance, a local 15-year-old, after achieving his legal name change, found his old identity widely accessible online, potentially affecting future job opportunities and social interactions. Furthermore, with no specific prohibitions against discrimination based on gender identity in many public spaces in Wisconsin, the risks of being publicly outed are not just social but also involve potential harm and discrimination.
Advocates are pushing for change. Wisconsin Democrats have proposed legislation to eliminate the publication requirement for transgender individuals if they can demonstrate the need to avoid debt or criminal record evasion. However, with Republicans holding legislative control, the bill’s prospects are uncertain.
Nationally, the legal landscape could complicate matters further. The potential enactment of the SAVE Act, which would necessitate more stringent ID verifications for voting, might disenfranchise transgender individuals whose documents do not reflect their lived gender.
The issue reflects broader societal challenges and the ongoing debate over transgender rights in America. With these developments, the need for sensitive legal procedures that recognize the unique dangers faced by transgender individuals is more apparent than ever.
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