The petitioners are Philadelphia resident Alonda Talley and Allegheny County residents Chauntey Mo’Nique Porter and Priscylla Renee Von Noaker. The women are represented pro bono in the matter by a Reed Smith multi-office team of Luke E. Debevec, Matthew D. Rosso, and Christian W. Saucedo in Philadelphia; M. Patrick Yingling in Chicago; James C. Martin, Gregory D. Vose, and Zachary S. Roman in Pittsburgh; and Todd S. Kim in Washington, D.C.
The Commonwealth of Pennsylvania, the Pennsylvania Department of State, and the Acting Secretary of the Commonwealth Kathy Boockvar are named as respondents.
The legal challenge contends that Pennsylvania’s “irrebuttable conviction bar” is unconstitutional. A 1998 legislative amendment aimed at combatting fraud by those attempting to avoid financial obligations precludes anyone convicted of a felony from obtaining a name change for two years after their sentence has been completed, and bars anyone convicted of a serious felony from ever obtaining a name change – no matter how much time has elapsed since their conviction and no matter the reason for the change.
“The right to control one’s name and self-identity is a fundamental right, as is the right to avoid disclosure of sensitive personal matters,” said Debevec. “A person ought to be able to obtain a name change to match their gender. Prohibiting a person from changing their name compels a person to speak or to refrain from speaking in unbearable ways daily. For the Commonwealth to foreclose any way to prove a legitimate purpose for a name change violates the rights enshrined in our constitution. The outcome of this petition will affect all individuals across the state in similar circumstances who seek to change their name.”
Ms. Porter, now 39, was convicted of aggravated assault more than a decade ago. She currently works at Central Outreach Wellness Center, a holistic multicultural, LGBTQIA and HIV & Hepatitis C nonprofit clinic. In 2009, Ms. Talley, now 32, was convicted of aggravated assault. Today she is a volunteer receptionist at The Philadelphia AIDS Consortium. Ms. Von Noaker, now 68, was convicted of a felony 30 years ago. She identifies as an American Indian Two Spirit and teaches about Two Spirit and transgender issues.
The petition details the adverse effects each of the women experience in social, political, employment, and health settings because their legal documents do not match their social and personal identities. Each of them is known in her community as a female, but they have encountered scorn, harassment, embarrassment, and threats for using their female names.
“Pennsylvanians with felony convictions who seek to change their names are immediately stopped in their tracks,” said Yingling. “The three petitioners and other Pennsylvanians who face this obstacle have a clear right to relief. There is an urgent need for them to avoid further injuries that cannot be compensated for by damages, and there is every likelihood that greater injuries will result from refusing to grant this relief.”
The petition asks the Commonwealth Court to declare Pennsylvania’s irrebuttable conviction bar unconstitutional and enjoin the state from enforcing it. The Court has original jurisdiction over actions filed against the state government and any of its officials.
Reed Smith is joined in the petition by Noah E. Lewis of the Transgender Legal Defense and Education Fund (TLDEF). In cooperation with TLDEF, numerous participating attorneys, summer associates, paralegals and staff in Reed Smith offices in Philadelphia, Pittsburgh, New York, Chicago and Washington, D.C. have helped hundreds of indigent transgender people change their names, pro bono.
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