Lawyers for transgender women fight Pa. law barring name changes for felons
A panel of state Commonwealth Court judges heard arguments Thursday in a case challenging a state law that bars people convicted of serious felonies from legally changing their names, even if those felons are transgender individuals hoping to change their names to reflect their gender identity.
The petitioners’ lawyers asked the court, meeting in the Teplitz Memorial Courtroom at the University of Pittsburgh School of Law, to declare a section of the law unconstitutional.
The 1998 law known as the Name Change Act aims to prevent fraud and mandates a fivestep process including a public hearing in which the applicant must convince the judge that the name change isn’t for fraudulent purposes. Additionally, the law bars anybody convicted of serious felonies such as murder, rape and kidnapping from ever seeking a name change. The case focuses on this latter section.
Patrick Yingling, the lawyer who argued on behalf of the women, said it was unfair to presume every convicted felon was looking to change their name for a fraudulent purpose. He said the law was “over broad” and that everyone should enjoy the same name-change process.
Both sides agreed the law is broad — Alex Korn, a lawyer for the state, said people convicted of serious felonies would not even be legally able to take their spouse’s name should they marry.
Lawyers for the commonwealth emphasized potential fraudulent actions associated with a name change — for example, an employer who tries to run employee background checks and comes up with incomplete results.
Mr. Korn said felons face many consequences, including losing the right to own a gun or serve on a jury. The inability to change one’s name, he said, is another consequence.
Judges Bonnie Brigance Leadbetter, Michael H. Wojcik and Patricia A. McCollough focused on procedural aspects of the case, including whether the right party had been sued by Mr. Yingling and his team. The Department of State, they said, “supervises and administers” the law, it does not enforce it.
Lawyers arguing on behalf of the commonwealth previously called for the court to dismiss the case altogether, because no action by the respondents — the Commonwealth of Pennsylvania and the Pennsylvania state department — directly violated the
Pennsylvania Constitution.
The petitioners, who were not present at court, are Allegheny County residents Chauntey Mo’Nique Porter (born Scott Porter), who was convicted of aggravated assault in 2008; Priscylla Renee Von Noaker (born Robert Lee Noaker Jr.), who served 10 years in prison on a 1987 rape conviction; and Philadelphia resident Alonda Talley (born Adolphus Talley Jr.), who was convicted of aggravated assault in 2009.
The judges did not issue a ruling.
Noah Lewis, another lawyer for the women, said after the hearing that the law forces transgender people to use a name that doesn’t match who they are, creating economic and employment barriers and increasing risk for harassment and violence.