Court Must Accept, Rule On Transgender Name Change & Fee Waiver Filings
The chief judge of the Will County Circuit Court erred by not accepting petitions by a transgender person seeking a name change and a filing-fees waiver, according to an Illinois Supreme Court ruling.
When Dauun Turner, who reportedly is disabled and lives on social security benefits, tried to file the petitions in July 2007, the court clerk’s office directed her to the chief judge. He allegedly told her that he would not waive the filing fees because the name change was “something she wanted, not something that she needed,” and refused to accept the filings, according to the Chicago Tribune and Lambda Legal. The national lesbian, gay, bisexual and transgender rights group represents Turner.
Plus, Lambda Legal said in a press release, the chief judge also told Turner, when she asked about appealing the court’s refusal to accept her filings, that she had, as the organization puts it, “no such right and that he was the ultimate decision maker.”
However, ruling on a writ of mandamus filed by Lambda Legal, the state supreme court has ordered the circuit court to accept Turner’s name-change and filing-fee-waiver petitions and render a written decision, according to the release.
Now 52, Turner wants to change her legal name of Donald Turner in order to reflect her new gender identity and “avoid the harassment and discrimination that often results when people learn that her current legal name—a stereotypically ‘male’ name—is at odds with how she appears,” the release explains.
“We are thrilled that Daunn Turner will no longer be denied access to the judicial process because of her financial status or gender identity,” attorney Christopher Clark said. “The Illinois Supreme Court’s order is an important step in not only continuing the process of legally changing Turner’s name, but also in ensuring equal access to the courts for all citizens of Illinois—a great victory.”
An earlier ABAJournal.com post provides further details and links to the complaint in the case.
