Illinois Becomes Even More Welcoming to Trans People

Last month, I wrote this article, that LGBTQ People Are Not Going Back. This was part of a national series of articles suggested by trans activist Julia Serano. The article spoke about how the Democratic party nationally was shying away from backing LGBTQIA+ and especially the rights of trans and nonbinary people. It’s a bad strategy because when Democrats shy away from civil rights protections, less people vote Democrat. Whereas when Democrats lean into civil rights protections and explain why we need to protect everyone, Democrats gain more votes.

Case in point, I introduced a concept that I called The Pritzker Standard. Illinois Governor JB Pritzker is a strong advocate for equal rights for everyone. He was elected governor in 2018 and under his leadership Illinois has turned much more blue than it previously was. Much of the reason for this is that the Governor continues to push laws forward that give more rights to people. This is especially true for the transgender community.

Now sitting on Governor JB Pritzker's desk is Illinois HB 5164. This bill rolls out the red carpet for trans people nationwide and says "you are welcome in Illinois". The bill does four things.

One - This bill reduces the residency requirement to legally change your name to only ninety days. Changing your name is still an eight week process in the state, so if someone moves to Illinois that is looking to change their name, you can file your paperwork almost immediately. Just make sure your court date is ninety days or later after you established a permanent residence in Illinois.

Two - Illinois is finally removing the public notice requirement. The current law states that you can waive public notice if you attest that it would be a hardship and it's presumed granted, but the judge still has judicial discretion. This law, which went into effect at the start of 2024, should have been enough. But it wasn't, as evidenced by how badly my effort at waiving public notice went in 2024. It was the most devastating moment of my adult life, with a judge ignoring the spirit of the law in an attempt to have me publicly out myself. Additionally, the judge speculated in open court that I could be looking to waive public notice to avoid creditors despite zero evidence submitted on my credit. It was all so gross. I am so happy that this law is going into effect and no Illinois resident will ever have to suffer the humiliation or have their life risked for public notice because of an ignorant or transphobic judge.

Three - All name changes now allow the petitioner to have the name change impounded if they submit a statement under oath that disclosing the name would be a hardship. This will ensure that all Illinois residents can change their name safely.

Four - Once Governor Pritzker signs the bill, it will go into effect on March first. So, if you're an Illinois resident and have been nervous about public notice, if you file your name change today you won't need to go through that process once the case is heard.

That Illinois is continuing to advance pro trans legislation when so much momentum is building against trans rights in the country is a testament to the state and our elected officials. It's critical that folks in our local offices continue to fight for our rights.

When you combine this new law, which reduces the residency requirements, with a law that took effect in 2024 that creates a process for residents born out of state to issue a court order to correct their birth certificate from that other state, and add in the ability to impound all name changes so that there isn't a public record (other than updating any criminal records with the Illinois State Police), Illinois is truly taking a stand for trans people.

Note: When my motion to waive public notice was denied, I filled out an online feedback form on my Illinois State Representative's website. I did this in an effort to let my State Rep, Anna Moeller, know that the new law, which went into effect on January 1, 2024, was not working as intended. I asked for a meeting so that she could work on future legislation. What I received back went so above and beyond my expectations. She responded to me in less than 30 minutes, offering to get the ACLU involved. I had multiple communications and calls with her office and this was the key to getting me the resources I needed to change my name without outing myself. But that's not all Representative Moeller did, she signed on to co-sponsor this bill. She also invited my wife and I to her election night reception. My engagement into the political process with my State Rep played a role, no matter how small the role was, in changing the law. That is so overwhelming in all the best ways.

My wife and I with Rep Moeller