[h=1]Georgia couple battles state for the right to give their child, ZalyKha Graceful Lorraina, the surname Allah[/h]
- Elizabeth Handy and Bilal Walk have a 22-month-old daughter, who they have named ZalyKha Graceful Lorraina Allah
- Atlanta couple is battling Georgia Department of Public Health, which refuses to give the child the surname
- State law dictates that a child's surname must be that of the mother, the father, or a combination
- Allows for a surname that qualifies as a 'bona fide cultural naming convention'
- Couple, whose suit was filed with ACLU support, alleges government overreach
A Georgia couple is bringing the state to court for refusing to legally grant their daughter the last name of 'Allah.'
Couple Elizabeth Handy and Bilal Walk have been trying to name their 22-month-old daughter ZalyKha Graceful Lorraina Allah, the Atlanta Journal-Constitution reported.
The Georgia Department of Public Health has refused to give the toddler the last name of Allah because state law dictates that a child's last name must be that of the mother, the father or a combination of the two - all depending on whether the couple is married. Handy and Walk were not.
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Georgia couple Elizabeth Handy and Bilal Walk want to name their daughter, who is 22 months old, ZalyKha Graceful Lorraina Allah. The government is saying the last name is illegal. The girl does not yet have a birth certificate as a result of the predicament
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The ACLU has filed suit on behalf of the couple, who successfully named their three-year-old son Masterful Mosirah Aly Allah. The couple is alleging government overreach. Pictured: ACLU of Georgia Executive Director Andrea Young
The law also states: 'The parents may designate a surname that is not the legal surname of the mother or father, if that surname is chosen in accordance with a bona fide cultural naming convention practiced in the nation of origin of one or both of them.'
A state lawyer previously said the cultural tradition must meet the state's definition of 'bona fide' so as 'to distinguish between names according to the cultural traditions of the parents' nation of origin and names chosen on the basis of whimsy,' the Washington Post reported.
Despite the predicament, ZalyKha's three-year-old brother, Masterful Mosirah Aly Allah, was able to keep his surname.
Couple Elizabeth Handy and Bilal Walk have been trying to name their 22-month-old daughter ZalyKha Graceful Lorraina Allah, the Atlanta Journal-Constitution reported.
The Georgia Department of Public Health has refused to give the toddler the last name of Allah because state law dictates that a child's last name must be that of the mother, the father or a combination of the two - all depending on whether the couple is married. Handy and Walk were not.
+2
Georgia couple Elizabeth Handy and Bilal Walk want to name their daughter, who is 22 months old, ZalyKha Graceful Lorraina Allah. The government is saying the last name is illegal. The girl does not yet have a birth certificate as a result of the predicament
+2
The ACLU has filed suit on behalf of the couple, who successfully named their three-year-old son Masterful Mosirah Aly Allah. The couple is alleging government overreach. Pictured: ACLU of Georgia Executive Director Andrea Young
The law also states: 'The parents may designate a surname that is not the legal surname of the mother or father, if that surname is chosen in accordance with a bona fide cultural naming convention practiced in the nation of origin of one or both of them.'
A state lawyer previously said the cultural tradition must meet the state's definition of 'bona fide' so as 'to distinguish between names according to the cultural traditions of the parents' nation of origin and names chosen on the basis of whimsy,' the Washington Post reported.
Despite the predicament, ZalyKha's three-year-old brother, Masterful Mosirah Aly Allah, was able to keep his surname.
The American Civil Liberties Union of Georgia has filed suit on behalf of Handy and Walk, and has alleged that the family has experienced and anticipates experiencing problems due to their daughter's lack of a birth certificate.
ZalyKha will not be able to receive a Social Security number and may encounter problems with going to school, the ACLU suit alleges.
Walk told the Journal-Constitution: 'It is just plainly unfair and a violation of our rights.'
The Department of Public Health, meanwhile, is saying that while ZalyKha's 'initial birth record' must meet Georgia's requirements, afterwards the couple might petition to change the girl's surname to Allah.
But the ACLU and other attorneys for the family say such protocols illustrate government overreach.
Attorney Michael Baumrind told the paper: 'The state has no business determining if a name is satisfactory.'
Her father said the couple wants ZalyKha's last name to be Allah because it is 'noble.'
Allah means God in Arabic.
He told the Journal-Constitution: 'Simply put, we have a personal understanding that we exercise in regards to the names.'
He added that he did not 'want to to into detail about' it.
Legal expert Carlton Larson told the Washington Post that he thinks Handy and Walk will win their case.
He said: 'It's a First Amendment issue, an expressive act of naming your child. And it's a fundamental right under the 14th Amendment, due process.'
Each state has its own laws governing child surnames, but first names can generally be whatever a parent wants.
Followers of the Muslim faith are forbidden from naming their children Allah, the New York Times reported.
Handy is pregnant with a third child and the couple did not reveal plans for the name.
ZalyKha will not be able to receive a Social Security number and may encounter problems with going to school, the ACLU suit alleges.
Walk told the Journal-Constitution: 'It is just plainly unfair and a violation of our rights.'
The Department of Public Health, meanwhile, is saying that while ZalyKha's 'initial birth record' must meet Georgia's requirements, afterwards the couple might petition to change the girl's surname to Allah.
But the ACLU and other attorneys for the family say such protocols illustrate government overreach.
Attorney Michael Baumrind told the paper: 'The state has no business determining if a name is satisfactory.'
Her father said the couple wants ZalyKha's last name to be Allah because it is 'noble.'
Allah means God in Arabic.
He told the Journal-Constitution: 'Simply put, we have a personal understanding that we exercise in regards to the names.'
He added that he did not 'want to to into detail about' it.
Legal expert Carlton Larson told the Washington Post that he thinks Handy and Walk will win their case.
He said: 'It's a First Amendment issue, an expressive act of naming your child. And it's a fundamental right under the 14th Amendment, due process.'
Each state has its own laws governing child surnames, but first names can generally be whatever a parent wants.
Followers of the Muslim faith are forbidden from naming their children Allah, the New York Times reported.
Handy is pregnant with a third child and the couple did not reveal plans for the name.
