![Transgender women challenge Pennsylvania name change law](https://www.jurist.org/news/wp-content/uploads/sites/4/2020/03/shutterstock_657639088.jpg)
A group of transgender women on Wednesday challenged a Pennsylvania law that prevents them from legally changing their names because they have been convicted of felonies.
The Transgender Legal Defense and Education Fund (TLDEF), together with Pro Bono partner Reed Smith, filed a constitutional challenge to Pennsylvania statute 54 PaCS § 702(c)(1)–(2). The challenge argues that the justification for the statute—preventing fraud—does not withstand constitutional review.
Petitioners argue that the statute violates Pennsylvania’s due process guarantee, the guarantee against compelled speech, and their “paramount interest in avoiding disclosure of personal matters.”
However, the challenge makes it clear that it is only the section of the statute which bars convicted felons from legally changing their name that is unconstitutional.
The challenge details the abuse, harassment and humiliation that the women have faced as a result of not being able to legally change their names, as well as the limitations that this statute has imposed on their ability to live their lives freely as women. One of the petitioners was denied gender conforming surgery because she is not “living as a woman” as her legal name is still male. Another petitioner is afraid to undertake travel that would require her to show her identification, and has had her identity questioned when she sought to vote.
The petitioners seek to have the court declare the section of the statute unconstitutional and to enjoin the Commonwealth of Pennsylvania from enforcing it.