Legislators in Washington and California are considering new bills that would allow transgender people to seal their name-change records. At present, while people can change their names, they cannot always prevent their previous names from being accessible in public records, which can leave them open to online harassment, cyberbullying, and even physical violence.
A California bill introduced last month would require that the state seal all petitions filed by individuals under 18 seeking a change in gender, sex, or name on their identity documents. The documents from a petitioner’s court proceedings would also be sealed. Meanwhile, a bill in Washington passed the Senate this month with bipartisan support and will soon go before the House. It would allow individuals to use gender expression and identity as grounds to seal future petitions for name changes, and it would also extend the right to seal records to refugees, emancipated minors, and people who have been granted asylum.
Advocates have noted that in states without such provisions, students can easily find and share such records when they are looking for background on a new classmate, which can lead to cyberbullying and harassment. The legislation aims to provide greater privacy for transgender people, particularly for those who may struggle with mental health issues or gender dysphoria. However, some officials and law enforcement officers worry that criminals who request a name change could escape accountability under the proposals.
The approach in California and Washington contrasts with recent moves in Florida and Texas to compile lists of transgender residents using public records, while lawmakers in at least 39 states are considering a torrent of anti-trans bills. Advocates have noted that harassment from such disclosures can especially target young transgender people, who are still processing their identities. The new bills aim to help reduce the risk of bullying for gender-nonconforming children and to provide more privacy and protection for trans people.
