Wisconsin’s Name-Change Law Raises Safety Risks for Transgender People

This content was created for ProPublica’s Local Reporting Network in collaboration with Wisconsin Watch. Subscribe to Dispatches to receive stories like this one as soon as they are released.

Key Findings

Database in practice: Attorneys argue that Wisconsin’s public name-change procedure compiles a list of potentially transgender individuals, putting them at risk of discrimination, harassment, or violence.
Outdated System: Established in 1858, the law mandates individuals seeking name changes to publish in newspapers to prevent evasion of debts or criminal histories.
Heightened Standard: Following a 2023 court decision, the process for a confidential name change has become more stringent, necessitating proof of physical harm rather than psychological harm.

These insights were provided by the journalists and editors involved in this report.

In 2022, a 15-year-old from Madison, Wisconsin, who had been living as a boy and using a new name for years, wanted to formalize the change. Desiring his government ID to reflect his true identity, he faced a requirement under Wisconsin law to publicize both his old and new names in the local newspaper for three weeks, effectively revealing his transgender status to the public.
Despite being granted privacy as a minor in many instances, the law does not afford the same protection to transgender teenagers undergoing name changes, potentially exposing them to risks. With the publication requirement creating a de facto list of likely transgender individuals, concerns arise regarding the potential for discrimination, harassment, and violence, especially amid anti-trans sentiments at the federal level.
Research indicates that transgender individuals are significantly more vulnerable to violence. For safety reasons, most transgender interviewees in this report requested anonymity.
Arli Christian, a senior policy counsel at the ACLU, underscored the risks posed by publication requirements, emphasizing the heightened potential for discrimination and harassment against transgender individuals.
Originating from a law dating back 167 years, Wisconsin’s legal process, like several others nationwide, aims to prevent individuals from evading debts or criminal records. Notably, changing one’s name through marriage follows a distinct procedure that does not necessitate newspaper publication.
While the right to change one’s name exists in every state, the ease and risks associated with the process vary. According to the Movement Advancement Project, fewer than half of states mandate name change publications in certain or all cases.
Wisconsin’s law provides confidentiality only if an individual can demonstrate a likelihood that publication could pose a threat to them. However, the statute lacks a clear definition of such risks, leading to differing judicial interpretations over the years, particularly concerning psychological harm or discrimination against transgender individuals.
In a 2023 case in Brown County, a state appeals court established a stricter criterion for confidential name changes, requiring evidence of physical harm. The decision came after a transgender teenager’s request for confidentiality was denied by a judge in the county.
The combination of Wisconsin’s publicized requirement, the restrictive court ruling, and federal anti-trans policies has deterred some individuals, like LGBTQ+ advocate J.J Koechell, from proceeding with name changes due to the associated risks.

Two transgender girls in Wisconsin sought confidential name changes after the 2024 presidential election. Image 1: A 14-year-old enjoys activities like playing video games and practicing piano. Image 2: A 12-year-old shares her passion for art. Credit: Artwork by Shoshana Gordon/ProPublica. Source images provided by ProPublica.
Efforts are underway in Wisconsin to introduce legislation eliminating publication requirements for transgender individuals, contingent on proving the absence of debt or criminal intent. However, the decision lies with the Republican-controlled Legislature.
Various states are advancing initiatives to streamline and safeguard legal document updates for transgender individuals. Michigan and Illinois have recently removed publication mandates, while a California bill aims to seal transition-related court records retroactively.
The reluctance of Wisconsin Republican leaders to prioritize the elimination of publication requirements has raised concerns amid safety considerations for transgender individuals.
While Wisconsin’s law lacks anti-discrimination protection for transgender individuals in various settings, Gov. Tony Evers issued an executive order in 2019 prohibiting transgender discrimination in state employment, contracting, and public services.
The struggle faced by transgender minors in Wisconsin, who are compelled to publicize their name changes, underscores the urgency for enhanced privacy safeguards, as underscored by legal experts and affected families.

An 11-year-old transgender girl underwent the name-change process, showcasing her interests in playing with her dog and swimming, with a keen passion for science. Credit: Joe Timmerman/Wisconsin Watch
The experiences shared by individuals like J.J Koechell and Trace Schlax accentuate the challenges and emotional toll associated with navigating the name-change process as transgender individuals, underscoring the need for greater understanding, support, and legal reforms to protect their identities and rights.