There are no specific laws at the federal level in the United States that prohibit certain names. However, some states and local jurisdictions do have laws or regulations regarding names. Most commonly, these laws prohibit names that contain obscenities, numerals, or symbols. There are also some restrictions on length of names and hyphenated last names. Despite the lack of nationwide laws on naming, courts have sometimes ruled against names they deem objectionable or not in the best interest of the child. So while Americans enjoy considerable freedom in naming their children, there are some limitations imposed by states, local governments, and the courts.
Federal Laws on Naming
There are no federal laws in the United States prohibiting certain types of names. The liberties protected under the First Amendment of the U.S. Constitution allow considerable freedom in personal naming choices. The lack of federal naming laws contrasts with some other nations that maintain official lists of approved names from which parents must choose. Americans can name their children without regard to such official lists. As long as names adhere to state laws and court rulings, just about any name can be placed on a birth certificate and made official.
Constitutional Rights
Freedom of speech and expression protected by the First Amendment extends to names. As the Supreme Court ruled in 1977, “A person’s name is a core aspect of his First Amendment right to speech.” As such, government restrictions on naming are limited. Parents have the right to name their child or change their name to communicate ideas, express individuality, reflect heritage, make a statement, or for any other reason.
No Screening or Approval
When filling out a birth certificate in the U.S., there is no federal agency that must approve or reject the name. Parents are free to name their child without federal interference or approval. As long as the name adheres to pertinent state laws, it can be made official on a birth certificate without any review or screening process. This contrasts with some other countries that require registering and approving baby names with a government agency.
State Laws on Naming
While federal law does not restrict names, some state laws do prohibit certain types of names. However, these laws are not extremely restrictive or common. Only a handful of states have laws related to naming, aimed primarily at preventing obscene words or symbols in names. These laws typically set some general standards but do not outline specific illegal names. The laws also give courts authority to reject inappropriate names on a case-by-case basis.
Obscenities and Vulgarities
The few states that do regulate names ban the use of obscenities in personal names. These include words considered vulgar, profane, or otherwise highly offensive. For example, some states prohibit using well-known curse words within a name. These laws aim to prevent the use of shockingly explicit or graphic words in names. However, these laws do not necessarily prohibit more mild or subjective vulgarities open to interpretation. They focus most heavily on clear obscenities.
Numerals and Symbols
Some state naming laws also prohibit using numbers and symbols as part of first names. So names that embed digits and characters like @, %, &, #, *, / within them could be considered illegal or invalid. However, numbers and symbols may be permissible in some middle names, surnames, or suffixes not considered official given names. But a few states restrict the use of special characters in any part of the name.
Length
A few states regulate the length of names. For example, one state prohibits first names that are more than 50 characters long. Restrictions like this are aimed at overly long or cumbersome names. However, such length restrictions are not common in most states. As long as a name is not vulgarly offensive or impossible to practically use in documentation and records, length is typically not an issue.
Last Name Hyphens
Some states prohibit using hyphens between last names, allowing only one last name. They may require choosing one name or combining names without a hyphen. But in most states, hyphenating two surnames is allowed. Limiting hyphens aims to keep names simple for administrative purposes like identification, documentation, indexing, and computerization.
Local Laws on Naming
In addition to state regulations, some local jurisdictions also impose naming rules through city ordinances. Local governments such as counties, municipalities, and towns may exercise their authority to regulate naming practices in their domain. However, these local rules cannot be more restrictive than state laws. Most commonly, local regulations prohibit obscene or intentionally vulgar names. Some also forbid names that are exceedingly long or use prohibited symbols. Local governments justify rules against extremely inappropriate names as protecting community standards of decency.
Obscenity Rules
Local laws banning obscenity in names are similar to state prohibitions. They forbid names considered lewd, offensive, or vulgar. Specific vulgar words may be listed as illegal or criteria may be established, such as prohibiting names considered profane according to local community norms. A name that meets state standards could potentially violate local obscenity rules enforceable in that jurisdiction.
Practicality Rules
Some local governments impose rules ostensibly aimed at practical administrative needs. For example, they may prohibit excessively long names that do not fit well on forms or computerized records. Symbols and special characters that can cause database errors may also be banned. Hyphens joining last names could be ruled invalid if causing complications in official record keeping. However, such restrictions cannot undermine the general right to freedom of choice in naming.
Court Rulings on Names
Even when names are permissible under applicable laws, legal naming disputes can still arise. Courts have heard cases challenging names deemed inappropriate or problematic. Judges have occassionally rejected names that are bizarre, offensive, or potentially harmful to the child. While courts are generally reluctant to override parents’ preferences, names considered truly contrary to the child’s interests may be changed or ruled invalid.
Offensive Names
Courts have ordered name changes in some cases to protect children from offensive or stigmatizing names. Ethnic slurs, profanity within names, and intentionally insulting names have been rejected for minors. The court’s view is that names causing embarrassment, harassment, or social isolation can be contrary to the child’s welfare. For example, courts have blocked parents naming their child Adolf Hitler based on the social stigma attached.
Names That Are Difficult to Bear
Unconventionally long names, names with odd capitalization or symbology, or names that are difficult to read or pronounce have also come under court scrutiny. Judges may weigh whether such names are unduly burdensome or disruptive for the child. Courts have commonly referred to the prevailing customs of the community in assessing if a name is viable. However, judges typically do not overrule unusual names only because they are unique or non-traditional.
Names With No Vowels
Names constructed without vowels or pronunciation guides have faced court challenges since they are unpronounceable. For instance, a name like “ZKRR” was rejected by a judge because it had no vowels or other clarification. Courts reason that such names are confusing, flawed, and improperly recorded if no one knows how to pronounce them when reading the name.
Risk of Ridicule or Harassment
In some rulings, judges have weighed whether a name exposes a child to likelihood of ridicule or harassment. For example, names that are exceptionally long or difficult to read could potentially lead to teasing. Names that can be construed with innuendo or resemble curse words may also provoke jokes. However, courts do not always prevent such names, since predicting ridicule is somewhat speculative. But strong probability of ridicule may factor in a naming ruling.
Parents’ Naming Rights
Though court rulings can invalidate names, judges tend to emphasize parental naming rights stemming from the First Amendment. The freedom to name children as parents’ wish is an important liberty right. As such, courts do not lightly tread on the prerogative of parents to choose their children’s names based on their values and preferences. Only when there is compelling evidence of detriment to the child’s well-being do courts intercede to modify a name.
Notable Controversies Over Names
Though unusual baby names are common, some have generated controversy and objections when names were perceived as too radical or inappropriate. Outlandish names that push social boundaries typically gain public attention but are not always legally prohibited. Some recent controversial examples include:
Like Willow But With a W
A Tennessee judge ruled against parents who wanted to name their daughter “Willow but with a W.” The judge reasoned this was a description rather than an actual name, similar to naming a child “Boy” or “Girl.”
Messiah
A judge in Tennessee made a baby’s parents change the boy’s name from Messiah, arguing that Messiah was a title reserved for Jesus Christ. However, this was overturned by a higher court which ruled Messiah is a common enough name not to assume a religious affiliation.
Santa Claus
A California court prohibited a man from officially changing his name to Santa Claus, arguing this would cause confusion and problems during interactions requiring legal identification. The man was permitted to change his middle name to Santa but not his first name.
@
A couple in China sought to name their child using just the @ symbol. Chinese authorities banned this, allowing the @ symbol in a name but not as the entire name.
Lucifer
Officials have attempted to block parents from using the name Lucifer, associated with evil. But courts have overturned these attempts, ruling Lucifer is a legitimate historical name, most notably of a Babylonian king in the Old Testament.
Should More Naming Laws Be Enacted?
A debate continues around whether more stringent name regulations are needed to protect children from inappropriate, confusing, or harmful names. Arguments on both sides include:
Arguments for More Laws
– Prevents clearly obscene or vulgar names
– Bans names that can subject children to bullying and ridicule
– Establishes standards against bizarre names that could be detrimental
– Guards against names that cause administrative disruptions
– Upholds community norms of decency and practicality
Arguments Against More Laws
– Infringes on parents’ rights to personal and cultural expression
– Hard to define objective standards across diverse population
– Problematic to enforce without being overly intrusive
– Unusual names often no real detriment to child
– Right of parents to raise child according to their values
– Difficult to determine which names may be teasing targets
– Excessive banning of names could lead down a slippery slope
– Administrative issues like name length often can be worked around
Conclusion
The vast majority of names chosen in the U.S. raise no legal issues or objections. State and local laws provide some restrictions aimed at prohibiting obscenities or unfeasible names with extreme length, formatting or symbols. However, these laws still permit a wide range of creative naming options. Courts have challenged some names, but typically seek to uphold parental discretion. Though some controversial names push boundaries, Americans still enjoy considerable freedom in choosing names based on personal preferences. With few limits on name selection, children in the U.S. reflect an expansive diversity of cultural, ethnic, and stylistic influences through their names.