The Wisconsin Supreme Court ruled Thursday that a biological male transgender “woman” person cannot change their name because they are listed on the state’s sex offender registry. The law does not allow offenders listed on the registry to change their names.
The Wisconsin Supreme Court’s 4-3 decision upholds the rulings of two lower court decisions, the Associated Press noted.
The transgender woman, “Ella,” was required to register as a sex offender at age 15. “Ella” was convicted of sexually assaulting a disabled 14-year-old boy. “Ella” is now 22 (via AP):
According to court records, Ella was about 6-foot, 5-inches and more than 300 pounds (135 kilograms) at the time of the assault. The victim was 110 pounds, blind in one eye and autistic. After the assault, Ella taunted the victim on Facebook and told other students what happened, perpetuating his “victimization and trauma,” the court said.
The majority said those details were relevant to understanding the severity of the crime and why it was necessary to require Ella to register as a sex offender.
Ella entered the criminal justice system identifying as male and was ordered to register as a sex offender for 15 years. State law prohibits registered sex offenders from changing their names or using aliases not listed in the sex offender registry.
Ella’s attorneys claimed that not allowing Ella to change their name or avoid registering as a sex offender violated both the First Amendment's freedom of speech and the Eighth Amendment's cruel and unusual punishment. The Wisconsin Supreme Court shot down both arguments.
“Consistent with well established precedent, we hold Ella’s placement on the sex offender registry is not a ‘punishment’ under the Eighth Amendment,” Justice Rebecca Bradley wrote for the majority. “Even if it were, sex offender registration is neither cruel nor unusual. We further hold Ella’s right to free speech does not encompass the power to compel the State to facilitate a change of her legal name. ”
Bradley wrote that Ella can wear women’s clothing and do other things to express “gender identity."
“For example, nothing prohibits her from dressing in women’s clothing, wearing make-up, growing out her hair, or using a feminine alias,” Bradley added. “The State has not branded Ella with her legal name, and when Ella presents a government-issued identification card, she is free to say nothing at all or to say, ‘I go by Ella.’”