Gateway to Dignity: Legal Name Changes for Transgender People in the United States

Abstract

Since the 1960s, trans people in the United States have been petitioning courts for name changes and sex marker corrections. If, under English common law everyone has the right to change their name at will without legal procedure by simply adopting a new name, why do trans people bother to change their names through formal legal procedures? This article investigates that question through interviews with trans people around the United States who had legally changed their name as well as lawyers and advocates who assisted trans people in this process, many of whom were trans-identified. Participants reported that without a legal name change, trans people face regular challenges to their dignity. Therefore, I argue that legal name changes are a gateway to dignity by assisting trans people with establishing self-worth and facilitating respectful interactions. While participants stressed that everyone should be entitled to have their chosen name respected, when that dignity is not extended, law can be a powerful tool. Court orders reflecting a name change communicate with the force of law what is the correct name for a person.