LGBTQ+ Advocates Celebrate Passage of Bill to Modernize State’s Name Change Law and Ensure Safety and Privacy for Vulnerable Communities

FOR IMMEDIATE RELEASE

January 9th, 2025

LGBTQ+ Advocates Celebrate Passage of Bill to Modernize State’s Name Change Law and Ensure Safety and Privacy for Vulnerable Communities

SPRINGFIELD - Legislation passed the Illinois General Assembly on Tuesday that will modernize the state’s name change process to ensure privacy and safety for vulnerable communities and remove barriers to the name change process so residents of Illinois can live their lives and not be subjected to hate, violence, and invasions of their privacy.

Sponsored by State Rep. Kevin Olickal and State Sen. Ram Villivalam, HB 5164 modernizes the state’s name change law in three particular ways:

Repeals the archaic and harmful requirement that an individual must publicize their name change in a newspaper. Twenty-five states do not have this requirement, including Texas and Florida;
Protects an individual by allowing them to request that their name change records be kept private (also known as impoundment) if public disclosure would negatively impact their health or safety. A circuit judge would have final determination over this request; and
Sets a 3-month Illinois residency requirement to petition a judge for the name change.

By modernizing the name change law, HB 5164 advances safety and support for many communities, including transgender people, survivors of domestic violence, survivors of sexual assault, survivors of human trafficking, individuals granted asylum, and refugees.

Introduced in February 2024, HB 5164 first passed the Illinois House of Representatives with a vote of 67-39 on April 18, 2024. The Illinois Senate approved the legislation with a vote of 33-16 on January 5, 2025 and the Illinois House of Representatives concurred with a final vote of 71-38 on January 7, 2025.

"I am proud to announce the passage of HB5164, which eliminates the archaic name change publication requirement in Illinois," said Rep. Olickal. "This legislation represents an important step forward in protecting the privacy and safety of survivors of violence, transgender individuals, and others who face significant risks during the name change process. The publication mandate unnecessarily exposed individuals to harm, enabling predators and bad actors to target those who are already vulnerable.

"By modernizing this process, we are ensuring that all Illinois residents have the opportunity to live with dignity and without fear," Rep. Olickal continued. "I am grateful to my colleagues in the General Assembly, the advocates who championed this change, and the constituents who shared their experiences. Together, we are making Illinois a safer and more inclusive place for everyone."

“When someone goes to change their name, they should not have to worry about their personal identifiable information being published,” said State Senator Ram Villivalam (D-Chicago). “House Bill 5164 continues to make strides in protecting the information of members of our community, whether it’s for their safety or to affirm one’s identity.”

“At Equality Illinois, we regularly hear narrowing stories from trans folks about their fear, lack of privacy, and attacks - all for wanting to just live their lives. In fact, having to publish your name change in a newspaper creates a public list of trans people and puts them at real risk for harassment and harm,” said Michael Ziri, Director of Public Policy at Equality Illinois. “We know this bill will help people and is consistent with our state’s values of equality and the freedom to live our lives without harassment or harm. We thank Representative Olickal, Senator Villialam, Speaker Welch, and President Harmon for their leadership in passing the legislation, applaud our partners at the Transformative Justice Law Project for their advocacy, and urge Governor Pritzker to sign the legislation quickly.”

Avi Rudnick, Director of Legal Services at the Transformative Justice Law Project of Illinois (TJLP), said, “Since 2011, TJLP has assisted over 4,000 Illinois residents with gender affirming name changes and gender marker changes, including over 900 in 2024 alone. We have witnessed the fear of our clients, many who are survivors of violence, as this new administration is set to take office with an anti-transgender and anti-immigrant platform. The increased privacy provided by this bill with the removal of the publication requirement will have a significant impact on the safety of transgender people as we seek self-determination through the legal name change process. The new statute will also continue the important practice of allowing those with health and safety concerns to request that the Court impound their name change so that it is not part of the public record. The significant decrease in the residency timeline for accessing a court ordered name change, will allow those moving to Illinois, often from states that have hostile, dangerous, and discriminatory laws, a chance to access self-determination and increased safety more swiftly. We are excited about these changes, and we know that this will have a positive impact on our communities as we move into these unprecedented times. TJLP thanks everyone involved in moving this bill through the legislature, including Representative Kevin Olickal, Senator Ram Villivalam, and Equality Illinois.”

HB 5164 is supported by the ACLU of Illinois, AIDS Foundation Chicago, Brave Space Alliance, Chicago Alliance Against Sexual Exploitation, Community Behavioral Health Association, Crisis Center for South Suburbia, Equality Illinois, Howard Brown Health, Illinois Coalition Against Domestic Violence, Illinois Coalition Against Sexual Assault, Legal Council for Health Justice, Mujeres Latinas en Accion, National Association of Social Workers – Illinois Chapter, The Network: Advocating Against Domestic Violence, Planned Parenthood Illinois Action, and Transformative Justice Law Project of Illinois, among other organizations.

# # #