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In 2022, after living as a boy and going by a new name for several years, a 15-year-old from Madison, Wisconsin, wanted to make it official. Like most teenagers, he dreamed of getting his driver’s license, and his family wanted his government identification to reflect who he really was.
But Wisconsin law has a caveat: He would have to publish his old, feminine name and new name in the local newspaper for three weeks — essentially announcing to the world that he is transgender.
In many instances, if he had committed a crime, the law would afford him privacy as a minor. But not as a transgender teenager changing his name.
His parents worry the public notice now poses a risk as President Donald Trump has attacked transgender rights, asserted that U.S. policy recognizes only two sexes and described efforts to support transgender people as “child abuse.” The publication requirements endanger the community, lawyers working with trans people say, by creating a de facto dataset of likely transgender people that vigilantes and even the government could use for firing, harassment or violence.
Transgender people are over four times more likely to be victims of violence, research shows. Most transgender people and their families agreed to be interviewed for this story only if they weren’t named, citing safety concerns.
“Publication requirements really leave folks open and vulnerable to discrimination and to harassment more than they already are,” said Arli Christian, senior policy counsel at the American Civil Liberties Union. “It can put people at risk of violence and blatant discrimination simply because of who they are.”
Wisconsin’s legal process stems from a 167-year-old law, one of many statutes across the country that Christian said were intended to keep people from escaping debts or criminal records. Changing one’s name through marriage is a separate process that does not require publication in a paper.
Although the right to change one’s legal name exists in every state, the effort and risk required to exercise it vary. Less than half of states require people to publicize their name changes in some or all cases, according to the Movement Advancement Project, a think tank that tracks voting and LGBTQ+ rights.
Wisconsin law grants confidentiality only if a person can prove it’s more likely than not that publication “could endanger” them. But the statute does not define what that means. For years, some judges interpreted that to include psychological abuse or bullying, or they accepted statistics documenting discrimination and violence against transgender people nationwide.
In 2023, however, a state appeals court set a stricter standard after a trans teenager was denied a confidential name change in Brown County, home to Green Bay. The teen said he had endured years of bullying, in which peers called him slurs and beat him up. Court records show the Brown County judge asserted that publishing the teen’s name wouldn’t expose him to further harm because his harassers already knew he was transgender.
The teen argued that a public process would create a record available to people he met in the future. While the appeals court conceded a “reasonable judge” could agree, it found the Brown County judge had not improperly exercised her discretion in denying the request. Crucially, the appeals court determined that “endanger” meant only physical harm. The case wasn’t appealed to the Wisconsin Supreme Court.
Both of these trans girls living in Wisconsin requested the confidential name-change process after the 2024 presidential election. First image: A 14-year-old likes cuddling her cat, playing video games and practicing piano. Second image: A 12-year-old shares her artwork.
Credit:
Illustrations by Shoshana Gordon/ProPublica. Source images obtained by ProPublica.
The combination of Wisconsin’s public requirement, the restrictive ruling and the Trump administration’s anti-trans policies has dissuaded at least one person from going through with a name change.
J.J Koechell, a 20-year-old LGBTQ+ advocate from suburban Milwaukee, tried to change his name in November but decided against it after a judge denied his request for confidentiality, ordering him to publish his change in the local paper and create a public court record if he wanted to proceed.
“That’s already dangerous,” Koechell said of a public process, “given our political atmosphere, with an administration that’s trying to erase trans people from existence completely, or saying that they don’t exist, or that there’s something wrong with them.”
At the end of March, Wisconsin Democrats announced plans to introduce a bill that would eliminate the publication requirement for transgender people, so long as they can prove they’re not avoiding debt or a criminal record. Republicans, who control the Legislature, will decide whether it will receive a hearing or vote.
There has been a push in some states to make it easier and safer for transgender people to update their legal documents. Michigan and Illinois laws removing publication requirements took effect earlier this year. And a California lawmaker introduced a bill that would retroactively seal all transition-related court records.
Assembly Speaker Robin Vos, R-Rochester, did not respond to emails and a phone call to his office seeking comment. Wisconsin Watch and ProPublica sought comment from four other Republican leaders in the Assembly and Senate. Of the two whose offices responded, a staffer for Assembly Majority Leader Tyler August, R-Walworth, said, “It doesn’t look like something we’d consider a priority,” and a staffer for Senate Assistant Majority Leader Dan Feyen, R-Fond du Lac, said he was not available for comment.
Asked about the safety concerns people raised, a White House spokesperson said, “President Trump has vowed to defend women from gender ideology extremism and restore biological truth to the Federal government.”
No Exceptions for Minors Wisconsin’s law requires a transgender person to publish the details of their identity to change their name whether they are an adult or a child. The notice requirement makes no distinction based on age.
This is less privacy than the legal system typically affords young people, confirmed Cary Bloodworth, who directs a family law clinic at the University of Wisconsin Law School. Bloodworth said both child welfare and juvenile courts tend to keep records confidential for a number of reasons, including that what happens in a person’s youth will follow them for a lifetime.
“I certainly think having a higher level of privacy for kids is a good thing,” Bloodworth said, adding that she thinks the publication requirement is unnecessary for people of any age.
An 11-year old trans girl recently went through the name-change process. She enjoys playing with her dog and swimming, and her mom describes her as a “major science geek.”
Credit:
Joe Timmerman/Wisconsin Watch
A mom living near the Wisconsin-Illinois border whose 11-year-old daughter recently went through the name-change process said these proceedings should automatically be private for children.
“The fact that we still have to fight to get something as simple as a confidential name change for a minor who is obviously not running away from criminal or debt charges is just so frustrating and overwhelming,” she said.
The judge deciding their case seemed reluctant to grant confidentiality at first, questioning whether her daughter was being threatened physically, she said. The judge granted the confidential change. But the family remains shaken.
“We live just in constant terror of the wrong person finding out that we have an 11-year-old trans child,” she said. “All it takes is one wrong person getting that information, and what we could end up going through, becoming a target, is horrifying.”
Right before the pandemic, a teenager told her parents she was transgender. She spent much of that first year of her transition at home, attending virtual school like the rest of her peers in the Madison school district. She came out to only a few friends and wanted to keep her gender identity private, so she kept her camera off and skipped her high school graduation.
When she decided to legally change her name, the prospect of publicizing her transition terrified her, according to her mom.
“I explained to her that it’s in tiny, tiny print, and it’s in some page of the paper that no one is going to read,” her mom said. “But it felt to her like she was just standing out there in public with a ‘TRANS’ sign on her.”
A trans teenager was terrified of the public name-change requirement. She loves playing board games, reading and spending time with friends and her partner.
Credit:
Illustration by Shoshana Gordon/ProPublica. Source images obtained by ProPublica.
While fewer people read physical newspapers these days, much of their content gets published online and is easily searchable. The court case, too, becomes a public record that is stored online and sometimes aggregated by other websites that show up at the top of search results.
The parents of the then-15-year-old boy who changed his name before getting his driver’s license discovered that happened to their son. When anyone — say, a prospective employer — searches the young man’s name, one of the first results shows his old name and outs him as trans.
“This is what somebody would use as their first judgment of him,” his mom said. “We certainly don’t want that to be something that people would use to rule him out for a job, or whatever it is he might be doing.”
Like many other states, Wisconsin does not have laws that ban discrimination against transgender people in credit and lending practices or in public spaces like stores, restaurants, parks, doctor’s offices and hotels. However, Gov. Tony Evers, a Democrat, issued an executive order in 2019 banning transgender discrimination in state employment, contracting and public services.
After Trump took office again and began issuing executive orders attacking trans rights, the boy’s family started to investigate how they could retroactively seal the court records related to the name change. It wouldn’t change what was in the newspaper, but it could help them remove the online records. The court records also contain sensitive information like their home address that someone could use to harass them.
A friend who was a retired attorney helped their son craft an affidavit describing his experiences. His mom read from it during an interview. “‘Because of recent political events, I fear violence —’” she said before breaking off. “Oh God, I hate even reading this. ‘I fear violence, harassment, retribution because of my status as a transgender person.’”
Her son, who is now 18, shared a statement over email.
“At this moment in time I’m probably more scared about being a trans person than I ever have been before, with the public record if you have my first and last name you can easily find my deadname and therefore find out I’m trans,” he said. “I would love to say that I feel safe and valued in our society but unfortunately I can’t, at times I feel that my personhood is being stripped away under this government.”
A trans teenager officially changed his name and now fears violence because that information is public. He enjoys doing puzzles with his family and creating metal artwork.
Credit:
Joe Timmerman/Wisconsin Watch
Anne Daugherty-Leiter, who has guided transgender clients and their families through the name-change process as board president of Trans Law Help Wisconsin, said where a person lives in Wisconsin, and therefore what court they must petition, affects their likelihood of getting a confidential change.
Confidentiality is important, she said, because of how the state handles changes to birth certificates. Wisconsin birth certificates that are issued through a confidential name change show only the new name. But if a person has to announce their name change publicly, birth certificates are amended to list both the person’s old and new names. Any time the person has to use that document, at the DMV or while getting a loan, it outs them, she said.
“This Is Not Who I Am” Koechell, a trans man and LGBTQ+ activist, was unwilling to go through with the name-change process after being denied confidentiality by a judge late last year.
Koechell lives in Waukesha County, a Republican stronghold where multiple schools have enacted policies critics have called anti-LGBTQ+.
A judge denied J.J Koechell’s confidential name change with an order that referred to the trans man as “she” and “her.”
Credit:
Illustration by Shoshana Gordon/ProPublica. Source images courtesy of J.J Koechell, obtained by ProPublica.
In a letter to the judge, Koechell wrote that people had sent him multiple threats and posted his family members’ addresses online, all for “being an advocate and being transgender openly in my community.”
“I do not want to publish my deadname for people to use against me,” he said in an interview, using a term common among transgender people to refer to their birth names. “I don’t see a reason why people who are not particularly fond of me wouldn’t show up at a hearing like that and try and cause trouble.”
Court records show the judge denied Koechell’s confidentiality request and his request to reconsider. The judge’s order referred to Koechell, a trans man with a masculine voice and beard, as “she” and “her.”
Koechell decided the public process wasn’t worth the risk. But it’s hard, he said, to move through life with his old identification.
“When I go to a new doctor or new appointment or something, then that’s the name on my chart, and then I get called that in a waiting room full of people, and it’s super uncomfortable. I just want to disappear,” Koechell said. “Then eventually, I have to correct the doctors, and I’m like, ‘Hey, just to let you know, I don’t go by that name. This is not who I am.’”
Data from the latest U.S. Transgender Survey found that 22% of people who had to show an ID that did not match their identity experienced some form of negative consequence, including verbal harassment, discrimination or physical violence.
If the U.S. Senate passes the SAVE Act, which would require voters to prove citizenship with a passport or birth certificate, those consequences could include disenfranchisement. Transgender people who can’t change the name on their birth certificate or passport would be ineligible to vote, according to the liberal think tank Center for American Progress.
U.S. Rep. Chip Roy, a Texas Republican and chief sponsor of the bill, has said the legislation directs states to create a process for citizens with a “name discrepancy” to register. “No one will be unable to vote because of a name change,” he said.
Trace Schlax, a trans man in Wisconsin, has tried to change his gender marker and name on official documents.
Credit:
Joe Timmerman/Wisconsin Watch
After Trump won in November, Trace Schlax, a 40-year-old IT project manager, decided to expedite changing his gender marker on his passport, figuring he could update his name later in state court.
“It matters,” Schlax said. He loves to travel but has encountered extra scrutiny from airport security with outdated documents. “I get comments from TSA when I go through to travel domestically, about my hair, about how I look. I get extra pat-downs."
He sent his application in early December and crossed his fingers. He received it back in February, rejected. By that time, Trump had issued an executive order banning trans people from changing the gender markers on their passports.
Schlax decided to continue updating what records he could, like his birth certificate and driver’s license. He worries about having conflicting documents. Will he get accused of fraud? Will he have trouble flying?
But in the end, he decided it was still important to change his name and update his license to improve his day-to-day experience.
And he decided to go about it publicly. It felt less painful, he said, to accept the risks rather than detail his personal, traumatic experiences to a judge only to have them decide he hadn’t endured sufficient danger.
“Me changing my name and my gender marker affects absolutely no one but me,” said Schlax, who has a court date to change his name in late April. “Why does this have to be so hard? Why do I have to prove myself so hard?”
Mollie Simon contributed research.
This article was produced for ProPublica’s Local Reporting Network in partnership with Wisconsin Watch . Sign up for Dispatches to get stories like this one as soon as they are published.
This article was produced for ProPublica’s Local Reporting Network in partnership with Wisconsin Watch. Sign up for Dispatches to get stories like this one as soon as they are published.
Mollie Simon contributed research.
Mollie Simon contributed research.
