We are re-introducing a package of legislation aimed at removing barriers transgender individuals, gender non-confirming individuals, and members of the LGBTQ community face when changing their name in the Commonwealth. Since first introducing these bills in 2022, the scapegoating of trans and non-binary people in service of the rapid dismantling of democracy has increased exponentially. Let us be clear. No executive action can change the law or the constitution. And no order or law will erase trans people from existence. Beyond deserving to live, trans kids and adults deserve to thrive. Transgender people have the right to live freely and safely – and that includes having legal documents that reflect their authentic selves. The bills in this package are intended to make that a little easier.
Our offices would like to be a resource for trans people and their families. If you or anyone you know is looking for help changing your name or needing other forms of support, please contact one of our offices. We would be honored to serve you, regardless of where you live in Pennsylvania.
This legislation would make the legal name change process more affordable and create privacy protections by removing the Title 54 requirements for publication and mandating the sealing of court records from the outset of the proceedings.
Publication requirements are onerous and invasive. To obtain a legal name change in Pennsylvania, an applicant must submit a petition to the court and publish notice of the hearing in two newspapers, additionally, their court dockets are made publicly accessible online.
Moreover, throughout the Commonwealth, the name change process can cost from approximately $400 to $900; of this, roughly $150 to $350 is required for publicizing the name change. For individuals who require legal assistance, the costs can be much higher.
The right to privacy is also essential and having to advertise a name change publicly in two newspapers exposes transgender individuals to harassment, intimidation, discrimination, and violence. In fact, respondents in the 2015 U.S. Transgender Survey from Pennsylvania resulted in the following:
- 69% reported that none of their IDs had the name and gender marker they preferred, while only 9% had their preferred name and gender marker on all ID documents and records
- 35% of those who have not changed their legal name reported that they had not done so because they could not afford it
- 30% who have shown an ID with a name or gender marker that did not match their gender presentation were verbally harassed, denied benefits or service, asked to leave, or assaulted
During a Senate Democratic Policy Committee hearing on this issue, Dre Ceja of the LGBT Center of Central PA articulated the safety predicament clearly, stating, “either folks experience mistreatment, discrimination, violence, or harassment for having incongruent documents, or they are put at risk after being required to publish or announce their name change in public spaces as part of the legal name change process.”
Removing the publication requirement and sealing court records are essential steps toward protecting transgender, non-binary, and gender-expansive Pennsylvanians and allowing them to live as their authentic selves.
Please join us in co-sponsoring this commonsense piece of legislation.
Statutes/Laws affected: Printer's No. 0490: 54-701(a.1)