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Name and gender marker change bills are a matter of safety, advocates say

A group of people gather on the steps of the Michigan state capitol building. Some are holding trans pride flags or signs.
Elinor Epperson
/
Michigan Public
Over one hundred advocates gathered in Lansing on Wednesday, Dec. 4 to support a bill package that would make it easier for residents to change their legal name and gender markers.

More than 100 people gathered in Lansing Wednesday to support legislation that would simplify Michigan’s process for making official changes to a person's name and gender marker.

Advocates visited lawmakers in their offices to ask that they prioritize House bills 5300 through 5303. They also rallied at the Capitol and visited Speaker of the House Joe Tate (D-Detroit).

Organizers kept outdoor activities to a minimum thanks to the cold and wind. That was also indicative of the situation for the residents who need these bills passed, said Christine Wujek of Grosse Pointe.

“This is what it feels like when you don't have protections,” she said.

Wujek’s daughter is transgender, she said. She changed her name when the family lived in New York. The process there was “seamless,” said Wujek.

But in Michigan, a name-change requires jumping through several hoops. Current regulations require a lengthy background check and fingerprinting. Applicants have to prove they are changing their names for reasons the state deems legitimate.

Michigan has the highest percentage of trans adults in the country who do not have any IDs listing their correct gender, according to a UCLA study.

The bills are different from the usual last-minute scramble in lame duck, said Laurie Pohutsky (D-Livonia). “There are not just, you know, unfinished business that kind of organically happens at the end of a term,” she said. “There are very critical policies that are out there that we have got to get through.”

Pohutsky is one of five co-sponsors of the bill package. The House Judiciary Committee held hearings for the bills in February, but the package has sat on the House floor ever since.

Advocates are pushing for the bills to pass before Republicans take control of the state house next year – and before President-elect Donald Trump is sworn into office in January.

“It's vitally important that we don't panic, but [that] we make sure that we have everything in order,” Wujek said. “And I hate the phrase, makes me feel sick to say it, but ‘getting your paperwork together,’ and making sure you have all of that.”

Wujek is concerned about the policies proposed in Project 2025, she said. Rights for transgender people, especially transgender children, have been in the spotlight in the last few years. The Supreme Court heard arguments on Wednesday in a case where Tennessee banned gender-affirming care for minors.

Michigan’s name-change process also typically requires applicants to publish notice of the name change hearing. That process is not only confusing – it can be dangerous for vulnerable people, Pohutsky said.

“There are a number of reasons why somebody may not want to publicize where they are going to be at a certain time,” said Pohutsky. The name change bill would support survivors of domestic violence, stalking, and trafficking as well, because they may need to change their name to stay safe, she said.

Courts can waive the publication requirement for good cause, but current legislation does not include guidelines for what constitutes “good cause.” Pohutsky wants to change that.

Having a gender marker that does not match a person's outward appearance can be dangerous, too, said Juno Keys-Tezuka, who attended the rally.

“I had a man threaten to ‘gut me like a fish’ for having an ‘M’ on my ID,” she said. “It’s not safe for us yet.” But Keys-Tezuka was encouraged by what she heard and saw when she visited lawmakers.

“It was just really, really nice to see that people actually care about us, because so often it seems like they don’t,” she said.

Bills HB 5301 and 5302 would update the state’s regulations for driver’s licenses and state-issued IDs. Applicants wouldn’t be required to submit other forms of documentation to prove their gender. The bills would also prohibit the secretary of state from charging a renewal fee for changing gender markers or names.

Attorney General Dana Nessel and Secretary of State Jocelyn Benson have implemented policy changes over the last five years to update these processes. That includes changes proposed in HB 5303, which would update requirements for changing the gender marker on birth certificates. Applicants would not be required to submit proof of gender-affirming surgery, which is expensive and takes years to complete.

But those changes aren’t codified in law.

“They [the SOS and AG] have made the process more equitable and accessible for people,” Pohutsky said. “And we're just looking to make sure, regardless of what happens with subsequent administrations [or] subsequent legislatures, that the system that we have right now that has been working can stay in place.”

Correct IDs are more important than others may think, said Chrissy Hutt, a resident of Kalamazoo who attended the rally.

“When I changed all my stuff, it was important that it matched how I felt,” she said. “And also, it keeps me safe knowing that everything matches how I perceive myself.”

Sarah Antaya, a business owner from Lansing who attended the rally, echoed what Hutt said.

“We use our IDs so much in our everyday life,” she said. “People take that for granted until they're in a spot where they don't have one that matches who they are, what they want to be called, their gender.” Antaya hired a lawyer to help her with the name and ID change process, but acknowledged that’s a resource not everyone can afford.

Pohutsky urged other Democrats to prioritize the bill package.

“If we do not show up and finish out this term with the needs of the most vulnerable people, particularly who is going to be most vulnerable over the next four years, in mind, [then] we have failed to do our jobs.”

Elinor Epperson is an environment intern through the Great Lakes News Collaborative. She is wrapping up her master's degree in journalism at Michigan State University.
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