Transgender Woman Seeks Equal Access to Courts

"You will be a man until you have THAT surgery!" the Chief Judge of Will County Court told Daunn Turner, a 52-year-old transgender woman who was seeking to change her name from Donald to Daunn.

Turner is disabled and receives benefits from the Social Security Disability Insurance (SSDI) program. She wants to legally change her name from Donald to Daunn so her name will better reflect her female identity and so she can avoid the harassment and discrimination that often results when people learn her current legal "male" name. But first she'll have to fight discrimination by the very court that holds the power to change her name.

On July 6, 2007, Turner submitted a petition to the Will County Court to begin the process of changing her legal name. Included with her petition was a request for a waiver of the court fees associated with the petition based on her status as a low-income, disabled individual.

The Circuit Clerk declined to file her papers and did not open an official court record. Instead, Turner was directed to submit her paperwork to the offices of the Chief Judge. Weeks later, the Chief Judge rejected Turner's petition in a telephone call telling her that he would not spend county money on her request. He said that a name change was "not that important" and "something she wanted" rather than "something she needed."

Adding insult to injury, when asked to consider Turner's disability and financial situation, the Chief Judge refused, telling her that she should ask for money from her friends on her upcoming birthday to help fund her name change.

Lambda Legal has filed a motion with the Illinois Supreme Court requesting that Turner's name change petition be heard. We are also requesting that the Chief Judge either grants a fee waiver or issues a denial in writing, so Turner can appeal the decision if need be.

All people living in Illinois deserve equal access to the courts and to the judicial process. All people too must be able to petition for a waiver of fees. Without this right an entire segment of the population — often those most in need — would be unable to initiate a law suit, obtain a divorce, seek custody of children or, as in Turner's case, legally change their name.

Turner's case is a clear example of the need to provide access to fair courts for all. It is a stark reminder of the discrimination and hostility that transgender people face, even when seeking to do something as seemingly uncontroversial as changing their name. Most states, including Illinois, allow a name change for any reason other than to perpetuate a fraud. In other words, there is no reason Turner should be denied a name change, and we're fighting to make sure she gets her day in court to prove it.

Want to learn more about access to fair courts? Visit Lambda Legal's Fair Courts Project.