Coalition Advances Legislation to Decrease Name Change Barriers for Illinoisans
FOR IMMEDIATE RELEASE
February 24, 2021
Contact:
Eric Wilkerson
(501) 804-2633
Tyler Hough
(815) 579-0867
media@chicagohouse.org
Coalition Advances Legislation to Decrease Name Change Barriers for Illinoisans
CHICAGO, IL – On February 19, 2021 Illinois State Representative Kelly Cassidy introduced HB2542 which proposes amendments to Illinois’s name change law, one of the most restrictive in the country. Under the current law, people with felony convictions cannot legally change their name until ten years after completion of their sentence. People with identity theft convictions are completely barred from changing their name and the proposed amendments eliminate both of those restrictions.
“This bill is driven by the harm experienced by residents in my district and across Illinois,” said Kelly Cassidy, State Representative for the 14th District and sponsor of the measure. “The unnecessary prohibition on someone who has been involved in the criminal justice system being able to legally change their name creates lifelong issues, especially for those Illinois residents who are transgender or may be victims of human trafficking. I have heard these stories and look forward to eliminating this ban – and putting the power to decide a name change request back in the hands of an independent judge to assess on a case-by-case basis.”
Chicago House and Social Service Agency, ACLU of Illinois, the Chicago Bar Association & The Chicago Bar Foundation, and the Transformative Justice Law Project (TJLP), recognize Illinois’s name change law is outdated and harms vulnerable populations. A coalition of 20+ Illinois organizations eagerly support the passage of HB2542 to modernize Illinois’s name change policies.
“Illinois’s name change law serves as an extension of criminal sentences well after the actual sentence is completed,” said Chicago House Legal Director Elizabeth Ricks. “It’s time to change these punitive provisions and bring this law more in line with our state’s values of justice and fairness.”
“This proposal aligns Illinois with the overwhelming majority of states when it comes to accurate legal documents,” said Khadine Bennett of the ACLU of Illinois. “Accurate identity documents provide safety and opportunity for many, including those returning to society after involvement in the criminal legal system. This group already faces countless burdens – accurate identity documents should not be one of them. This is an opportunity to improve the lives of our fellow Illinois residents. We are proud to stand with those advancing this measure.”
Transgender and gender expansive individuals are particularly impacted by the current law, experiencing increased rates of violence and discrimination due to inaccurate identity documents. “Everyone deserves their name accurately shown on their identity documents so they can move through the world affirmed and safe. At TJLP, we know that Black and brown trans and non-binary folks, particularly trans women, are systemically targeted by the criminal legal system. That targeting, combined with the restrictions in the current law, has denied many members of our community the opportunity to change their legal name and have accurate identification.” Carolyn Wahlskog, TJLP
In addition to repealing restrictions related to criminal records, HB2542 also removes cumbersome procedural barriers, including a provision requiring publishing notice of an intended name change for three consecutive weeks. This change would reduce the cost of obtaining a legal name change and better protect individuals’ privacy.
“The Chicago Bar Foundation is proud to be working in coalition with impacted communities and court stakeholders to advance this legislation,” said CBF Director of Advocacy & Engagement Angela Inzano. “The current barriers to changing your name in Illinois limit access to the justice system. These proposed reforms strive to make the process more fair and accessible for everyone.”
Chicago House and Social Service Agency has been on the forefront of reducing barriers for those affected by HIV/AIDS since the early years of the epidemic. Founded in 1985, Chicago House was the first HIV housing provider in the Midwest. It now serves nearly 3,000 individuals and families annually through expanded programming designed to holistically support individuals impacted by HIV/AIDS through housing, health, employment services, and the TransLife Care Program. Learn more.
The ACLU of Illinois (ACLU), and its affiliated Roger Baldwin Foundation (RBF), are non-partisan, non-profit organizations dedicated to protecting the liberties guaranteed by the U.S. Constitution, the state Constitution, and state/federal human rights laws. The ACLU accomplishes its goals through litigating, lobbying and educating the public on a broad array of civil liberties issues, and has been the principal protector of constitutional rights in Illinois since 1926. Learn more.
The Transformative Justice Law Project is a group of radical activists, social workers, and organizers who provide support, advocacy, and free, holistic advocacy and criminal legal services to poor and street-based transgender people in Illinois. Our organization is composed of collective members, folks who receive services, attorneys, interns, volunteers, and advisers. Learn more.
The Chicago Bar Foundation is the charitable arm of the Chicago Bar Association. The CBF has been bringing Chicago’s legal community together since 1948 to improve access to justice for people in need and make the legal system more fair and efficient for everyone. Learn more.