U.S.A.: Democrats pass bill to protect trans people from “harassment and harm”

In the U.S.A. the Illinois House and Senate have approved a bill aimed at simplifying the process of name changes for trans individuals and domestic violence survivors.

This legislation, supported by groups such as Equality Illinois, Planned Parenthood, the Coalition Against Sexual Assault, and the Coalition Against Domestic Violence, removes the requirement for those seeking a name change to publish a notice in a local newspaper, according to ‘LGBTQ Nation’.

Bill sponsor Rep. Kevin Olickal (D) stated on Tuesday, “We are forcing survivors of domestic violence, of human trafficking, people who are trans, to out themselves. For what? It doesn’t serve a public safety purpose. It only seeks to serve predators and violent extremists who want to find victims, track them down. People want to live in peace. This bill is about privacy and protection.”

Currently, Illinois law allows individuals who change their names due to marriage or divorce to skip publishing a newspaper notice. In contrast, those changing names for other reasons must publicise the change.

Mike Ziri, the public policy director at Equality Illinois, noted that his organisation frequently hears from transgender individuals who are wary of announcing their name changes publicly. He stated, “In fact, having to publish your name change in a newspaper creates a public list of trans people and puts them at real risk for harassment and harm. We know this bill will help people and is consistent with our state’s values of equality and the freedom to live our lives without harassment or harm.”

House Bill 5164 was passed by the state Senate with a 33-16 vote on Sunday, and the House approved it 71-38 on Tuesday, according to Capitol News Illinois. The bill is set to become effective on March 1, pending a signature from Gov. JB Pritzker (D), who is expected to sign it.

Aside from eliminating the outdated newspaper notification, the bill allows individuals seeking a name change to request the court to “impound” related court documents, which is somewhat similar but less restrictive than “sealing” documents.

Additionally, the bill shortens the residency requirement for a name change from six months to three, facilitating the process for individuals moving to Illinois from regions with adverse laws.

Republicans expressed concern over the bill’s potential influence on “immigrant crime," placing less emphasis on privacy and protection.

State Sen. Steve McClure (R) mentioned the bill lack robust language to prevent “whitewashing of criminal backgrounds,” while State Sen. Sue Rezin (R) argued that “self-attestation” for impounding records could attract undocumented immigrants with criminal intentions.

Rezin stated, “This allows for extraordinary potential to abuse the system and manipulate the process and evade federal immigration authorities.”