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The use of an obscure provision to target transgender candidates in Ohio raises concerns about election laws and discrimination.
A second transgender woman running for elected office in Ohio has had their candidacy challenged by Republicans who invoked an obscure name-change law that experts and advocates warn is being used to exclude trans people from the electoral process. Arienne Childrey faces a looming legal battle over a state law regarding name disclosure. This situation mirrors the challenges and disqualification encountered by Vanessa Joy, another transgender candidate, and both cases are expected to go to court, highlighting critical issues in the state’s electoral laws.
The legal provision in question, established in 1995, mandates that candidates disclose any name changes within the five years preceding their filing to seek office. However, the law includes exceptions for name changes due to marriage and candidates previously elected to office after complying with the requirement. These exceptions, however, do not explicitly address the unique circumstances of transgender candidates undergoing name changes as part of their transition.
Deadnaming, or using the former names of transgender people, is considered harmful.
Related: Ohio transgender candidate is disqualified over obscure name change law
Childrey, vying for a seat in Ohio’s 84th House District, has raised concerns about the lack of clear guidance in the state’s election procedures. On Saturday, in a statement on X, formerly Twitter, she wrote, “I would note that the name change provision is not included in the Candidate Guide issued by the Secretary of State’s office, nor any of the other paperwork or forms.” Childrey emphasized the impracticality of the law, citing the insufficient space on candidacy documents to include both her legal and former names.
Sean Meloy, vice president of political programs at the LGBTQ Victory Fund, discussed the broader implications of these cases in a conversation with The Advocate. “We do know of at least four trans candidates running for legislature in Ohio, and we’ve been in touch with most of them. And sadly, it seems that retroactively, they are trying to apply this law as well to them,” he said.
With both Childrey’s and Joy’s cases expected to head to court, there is a growing concern about the potential discriminatory impact of this law on transgender candidates.
