TransLegal: Rewriting the Rules on Marriage Certificates for TGNC Individuals

“It can’t be done.” When Kato first worked with the Cook County Clerk’s Office to update the gendered language on his marriage certificate, this is the response he got back.

His inquiry originated as he sought to change his name as an immigrant without US citizenship. A dance teacher by trade, Kato reached out to a student who practiced as a lawyer and asked if she had any advice on where to start. He contacted Chicago House on his student’s recommendation, connecting with Chicago House legal director and staff attorney Elizabeth Ricks about changing his name.

The name change process naturally prompted Kato’s spouse, Alex, to ask, “What do we do with our marriage certificate?” Ricks got in touch with the Clerk’s Office to ask about updating Kato’s marriage certificate; the office said it wasn’t possible.

“Kato came to TransLegal with a problem, and after addressing it with the Cook County Clerk’s Office, we realized the most efficient solution would be legislation,” says Ricks. Kato’s request ultimately led to Chicago House, along with partner Equality Illinois, working in support of a bill allowing amendments to “bride/groom/spouse” designations on Illinois state marriage certificates. This initiative, SB139, was spearheaded by the Clerk’s Office, and sponsored by State Senator Sara Feigenholtz and State Rep. Ann Williams. The bill passed the Illinois House on May 19th and currently awaits Governor Pritzker’s signature to become law. Once passed, Illinois will be only the second state in the country to allow amendments to gendered language on marriage certificates.

“Working with Elizabeth has been a tremendous help for me—I’ve really been guided through every step of the way. I can’t say the same about working with authorities,” says Kato.

Kato’s experience with amending his marriage certificate reflects the bureaucratic hurdles many transgender and gender nonconforming (TGNC) individuals face in ensuring that their legal documents reflect and affirm their gender identity. An incorrect name or gender marker on official identification can instantly disclose that the ID bearer is trans, opening the door for discrimination or even violence and causing unnecessary dysphoria for the outed individual.

The Chicago House TransLegal Program assists individuals with navigating legal name changes and reflecting these changes on other official documents. This support includes advocating for TGNC-affirming state laws through policy and advocacy efforts. In addition to SB139, Ricks and Chicago House have also recently been working to pass HB2542, which would amend Illinois’ highly restrictive name change law. Current state law bars individuals with a past felony conviction from changing their legal name within ten years of their conviction, a policy which disproportionately impacts trans individuals of color, and especially trans women of color, who have experienced incarceration.

“The laws governing us were created largely by cisgender people viewing society’s needs through a cisgender, binary lens,” says Ricks. “Bills like SB139 are crucial in addressing the gaps and barriers that exist when only one group of people is seated at the table.”