Courts & Tribunals

In April 2003, Cook County Judge Gerald Bender ruled that a transgender man is actually a woman, and as same-sex marriages are unlawful in Illinois, he has no standing to seek custody of a boy conceived through artificial insemination in 1991, five years after marrying the mother [R1.2].

Judge Bender ordered continued visitation for the child.

In December 1999, the Illinois Appellate Court blocked the petition of a woman seeking visitation rights with the biological child of her former lesbian partner, saying it lacks the authority to contradict "the manifest intent of our General Assembly" and confirming the lower court ruling that the petitioner lacks legal standing to seek visitation with the 5-year-old girl [R1.1].

State

On 31 January 2011, Governor Pat Quinn signed the civil unions bill (Senate Bill 1716 – Religious Freedom Protection and Civil Union Act, Public Act 096–1513) into law. The law comes into effect 01 June 2011 [L1.10], [R1.9].

Previously:

On 22 January 2011, Governor Pat Quinn was reportedly poised to sign a civil unions bill into law on 31 January 2011 [R1.8].

On 01 December 2010, the Senate passed SB1716, the Illinois Religious Freedom Protection and Civil Union Act 32–24 [R1.7]. The bill which reads, in part, "A party to a civil union is entitled to the same legal obligations, responsibilities, protections and benefits as are afforded or recognized by the law of Illinois to spouses … ", went to the Governor, who has promised to sign early in the New Year. It is expected to take effect 01 June 2011 [R1.6].

If signed into law, same-sex couples entering into a civil union will be entitled to the same legal treatment under Illinois law that is presently given to spouses, for example: hospital visitation rights and medical decisions, inheritance upon an intestacy, wrongful death claims and survivor pension benefit.

On 23 November 2010, a Bill to recognize civil unions cleared the state's senate committee [R1.5].

On 12 November 2010, legislation to recognize civil unions for gay couples was again expected to soon pass the Illinois House. In May 2009 the legislation did not get a floor vote [R1.4].

On 22 May 2009, the Illinois legislature was expected to approve a measure to legalize civil unions for same-sex and heterosexual couples the following week [R1.3].

In March 2009, a bill to grant gay and lesbian couples the right to civil unions was expected to proceed to the House floor for a vote [R1.2].

In May 2006, Illinois's Democratic governor, Rod Blagojevich, quietly extended domestic-partner benefits to gay and lesbian state employees [R1.1]

County

In June 2003, the Cook County domestic partnership registry ordinance allowed same-sex couples to register their partnership for a fee of $30 [R2.2] from 1 October 2003.

Registration would confer no legal rights, and no "marriage" rights as far as federal or state taxes. It also won't help hospital visitation or wills [R2.2].

Registrants must sign an affidavit saying they live together, that neither is registered to another partner and that they "are in a close and committed relationship of mutual financial and emotional support and intend to remain in such a relationship," according to the ordinance's language [R2.1].

Cities & Towns

On 27 October 1997, the Oak Park Domestic Partner Registry was the first and only registry of its kind in the state. Oak Park had also been offering domestic partnership benefits to gay and lesbian municipal employees since 1994 [R3.1].

Three municipalities in Illinois offer domestic partner benefits.

State:

On 01 June 2010, the Religious Freedom Protection and Civil Unions Act goes into effect. Bodies receiving state funding must treat gay couples equally. Couples in civil unions must be treated the same as straight married people [R1.8].

In January 2006, a state law amending the Human Rights Act and prohibiting discrimination based on sexual orientation and gender identity was signed into law by Gov. Rod Blagojevich. The law allows people to file complaints with the Illinois Department of Human Rights if they believe they were denied a job, housing, public accommodation, or credit [R1.7].

Previously:

In February 2003, the Senate Executive Committee has voted 8-4 to approve the bill, which would add "sexual orientation" to the antidiscrimination provisions of the state's human rights law. Despite the new Democratic majority, the bill's prognosis is not good in the Senate [R1.6].

In October 2002, there was no state-wide anti-discrimination law proscribing against discrimination on the ground of sexual orientation [R1.5].

In October 2002, House Bill 101, stalled in the Senate, would change the state's human rights act to ban discrimination based on sexual orientation. The House approved the proposal in March 2001 [R1.4].

In August 2001, Illinois state adopted a policy of not discriminating in employment on the basis of sexual orientation [R1.3]

In March 2001, the Illinois house of representatives voted to approve a bill that would ban antigay discrimination in housing and the workplace [R1.2].

In early March 2001, a measure that would ban antigay workplace and housing discrimination in Illinois was approved by a committee of the state general assembly [R1.1].

County

In November 2002, Cook County passed a local law prohibiting discrimination on the ground of sexual orientation or sexual identity [R2.1].

Cities & Towns

In 1974, Champaign was the first municipality to add language forbidding discrimination against gays to its local ordinance. Urbana has a similar law [R1.7] as has Chicago [R3.5], DeKalb [R3.1] and Evanston [R1.7], Normal [R1.5] and Oak Park [R1.7].

In January 2003, Springfield City Council added sexual orientation the city's anti-discrimination ordinance preventing discrimination by businesses comprising 15 or more employees in housing, employment, credit and other matters [R3.7].

"Sexual orientation" is defined to include "gender identity" [R3.6].

In November 2002, Chicago City Council voted to add "a person's gender identity, appearance, or behavior," to the city's anti-discrimination Human Rights and Fair Housing Ordinances, which cover employment, housing, and public accommodations [R3.5].

Mayor Richard Daley has expressed his support for the measure and is expected to sign the legislation.

In October 2002, Decatur's City Council has passed a measure that made it illegal to discriminate based on sexual orientation [R3.4].

On 28 October 2002, the Bloomington City Council voted 6–2 to add the protection for homosexuals, bisexuals and heterosexuals, with exemptions for religious and other faith-based organizations, to the city's human-relations law [R3.3].

Definitions being amended:

• "'Discriminate' means to make a difference in treatment, or favor any person because of race, color, sex, religion, age, national origin, marital status, family status, sexual orientation, or physical or mental disability unrelated to ability." [R3.3]

• "'Sexual orientation' is defined as 'homosexuality, bisexuality or heterosexuality, whether the orientation is real or perceived.'" [R3.3]

The ban would apply to bias in jobs, housing, lending and public accommodation.

The amendment should go into effect around Nov. 8, or 10 days after the mayor signs it and it is publicly posted [R3.2].

On 14 December 1998, DeKalb City Council voted 6–1 to amend the city's anti­discrimination ordinance to include sexual orientation [R3.1].

Courts & Tribunals

On 12 September 2011, the Human Rights Commission (in Case ALS No. 09-0661) ordered Universal Taxi Dispatch pay $104,711 in damages and repair costs to Venessa Fitzsimmons for discriminatory name calling based on gender identity and threats [R4.7].

On 31 March 2011, the US Court of Appeals for the 7th Circuit ruled that Wal-Mart did not violate the 1964 Civil Rights Act when it fired an employee for making anti-gay statements during her work break in violation of company discrimination and harassment prevention policy [C4.6], [R4.5].

On 01 March 2011, The US Court of Appeals 7th Circuit ruled that anti-gay shirts cannot be prohibited in schools that allow support for gay rights, saying "A school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality. People in our society do not have a legal right to prevent criticism of their beliefs or their way of life" [R4.4].

In August 1999, a Circuit Court judge upheld a 1994 Human Relations Commission ruling that ordered the Boy Scouts from discriminating against homosexuals when hiring employees [R4.3].

In November 1998, Commission on Human Relations ordered that a foundation that fined a woman for being a lesbian pay her US$13,000 in damages [R4.2].

In September 1998, the Cook County Human Rights Commission ordered Red Lobster restaurants to reinstate a gay assistant manager who was fired in 1996 and to pay him nearly US: $100,000 in damages [R4.1].

State

In November 2009, the ACLU reported that for more than four decades, Illinois has permitted individuals who have gender confirmation surgery (sometimes known as sex reassignment surgery) to change the gender "marker" on an original birth certificate. The Illinois Department of Vital Records, however, recently started interpreting the law to provide this option only if an individual has the surgery performed by a United States-licensed physician [C1.2]. However, a policy reversal now permits many transgender individuals in Illinois and across the nation (quaere) to receive a new birth certificate that reflects their accurate gender following sex reassignment surgery overseas [R1.1].

See also: 4. Courts & Tribunals

County

In March 2011, Cook County Jail in Chicago initiated a policy of using detainees' gender identity instead of their birth gender to determine where they will be housed [R2.4].

In January 2006, a state law amending the Human Rights Act and prohibiting discrimination based on sexual orientation and gender identity was signed into law by Gov. Rod Blagojevich law. The law allows people to file complaints with the Illinois Department of Human Rights if they believe they were denied a job, housing, public accommodation, or credit [R2.3].

Previously:

In November 2002, the Cook County board of commissioners extended antidiscrimination protections to transgendered people, covering housing and the workplace [R2.2] public accommodations and credit transactions [R2.1].

"Gender identity" is defined broadly as "actual or perceived appearance, expression, identity, or behavior of a person as being male or female, whether or not that appearance, expression, identity, or behavior is different from that traditionally associated with the person's designated sex at birth" [R2.1].

Cities & Towns

On 03 October 2011, the Park Ridge City Council removed its 83-year old cross-dressing ban from the books [R3.4].

In November 2002, Chicago City Council voted to add "a person's gender identity, appearance, or behavior," to the city's anti-discrimination Human Rights and Fair Housing Ordinances, which cover employment, housing, and public accommodations [R3.3].

Mayor Richard Daley expressed his support for the measure and was expected to sign the legislation.

Springfield City Council added sexual orientation the city's anti-discrimination ordinance preventing discrimination by businesses comprising 15 or more employees in housing, employment, credit and other matters [R3.2].

"Sexual orientation" is defined to include "gender identity" [R3.1].

Courts & Tribunals

On 30 July 2012, the ACLU of Illinois filed a proposed court-supervised agreement which, if approved by the Court, will help ensure that transgender individuals can receive new birth certificates that reflect their correct gender from the Illinois Department of Public Health, without undergoing genital reconstruction surgery [R4.1].

Previously:

In July 2011, Cook County Circuit Court Judge Michael Hyman ordered that Lauren Grey, Victor Williams, and Nicholas Guarino be issued new birth certificates as a sign of the state's good faith pending a new rule to be considered by a legislative committee under which no one would be required to have genital surgery [R4.1]

State

In February 2003, the Illinois General Assembly passed a bill that would give victims of gender violence the power to sue their attackers [R1.2].

The bill, S.B. 0681, is broadly worded to include violence based on actual or perceived sexual orientation, gender identity or conformity or nonconformity to gender norms.

Victims can sue for damages within 10 years of the alleged violence. [R1.2].

In 1991, hate crimes based on sexual orientation were considered an aggravating circumstance [R1.1].

Courts & Tribunals

In October 1999, the Illinois 2nd District Appellate Court has ruled that a man who walked into a fast-food restaurant and yelled homosexual slurs at a worker while pounding his fist on the counter and wagging his finger was a hate crime [R2.1].

State

In 1997, Guarantee Life Insurance became the first in America to offer coverage to people with HIV [R1.1].

State

In 1961, consensual sex between same-sex couples became lawful [R1.1].

State

In 1996, Illinois passed a law prohibiting same-sex marriages.

On 26 February 2013, the House Executive Committee, voted 6–5 to advance the Religious Freedom and Marriage Fairness Act. It will next go to the full House floor for a vote [R1.7].

On 14 February 2013, the Senate voted 34–21 in favor of the Religious Freedom and Marriage Fairness Act SB0010 which now heads to the House, where passage is not assured [L1.6], [R1.5].

On 04 January 2013, although Democrats have delayed a full Senate vote to make same-sex marriage legal, the Senate Committee approved the bill by 8 votes to 5. Senator Heather Steans has sent the legislation to make marriage equal to the floor for a full vote [R1.4] anticipated in the spring session.

On 16 April 2012, Representative Greg Harris (D–Chicago) reportedly said he would not call his Religious Freedom and Marriage Fairness Act (HB 5170) to a vote during the Spring legislative session in the General Assembly. He said the votes "aren't there" [R1.3].

On 08 February 2012, the Religious Freedom and Marriage Fairness Act (HB 5170) was introduced to the legislature. If passed the Bill would grant same-sex couples the same marriage rights as opposite-sex ones [R1.2]. The Bill has been referred to the Rules Committee.

In September 2009, state senator Heather Steans introduced a bill (a companion to a civil unions bill that Rep. Greg Harris introduced to the house of representatives in January) that could legalize same-sex marriage in the Land of Lincoln [R1.1].

Courts & Tribunals

On 30 November 2012, Cook County Circuit Judge Sophia Hall denied the Illinois Family Institute, Arlington Heights-based Church of Christian Liberty and Bensenville-based Grace Gospel Fellowship permission to intervene in the Darby v. Orr and Lazaro v. Orr lawsuits [C2.8], [R2.7].

On 27 September 2012, the Circuit Court of Cook County, Chancery Division was expected to hear oral argument concerning whether the anti-gay Illinois Family Institute (IFI) may intervene two cases brought by same-sex couples seeking the freedom to marry in Illinois, Darby v. Orr and Lazaro v. Orr [R2.6].

On 14 June 2012, the Attorney General's office filed a brief in favor of the two lawsuits filed by the American Civil Liberties Union of Illinois and Lambda Legal challenging the county clerk's inability to grant marriage licenses to gay couples [C2.5], [R2.4].

On 30 May 2012, Tanya Lazaro and Elizabeth "Liz" Matos & others filed a lawsuit to challenge the constitutionality of an Illinois law that denies gay and lesbian couples the freedom to marry. In a separate case, Lambda Legal is representing 16 same-sex couples seeking the freedom to marry [C2.3], [C2.2], [R2.1].

State

In 2002, second-parent adoption became lawful in Illinois [R1.6].

On 15 November 2012, the Illinois Department of Public Health reversed its discriminatory policy and instructed that names of both same-sex intended parents be entered on birth certificates in gestational surrogacy cases, the parents to decide which "field" is to carry which name [R1.5].

On 12 October 2001, Bill SB2495 was introduced and would, if passed, specify that religiously based child welfare groups working with the state “may decline an adoption or foster family home application … from a party to a civil union if acceptance of that application would constitute a violation of the organization's sincerely held religious beliefs” [R1.4].

On 04 June 2011, the Catholic Charities of Joliet and Peoria reportedly had suspended licensing new foster care and adoptive parents following the state's enactment of a civil unions law [R1.3].

On 26 May 2011, Catholic charities in Rockford, Illinois, opted to cease all foster care (and adoption) services to avoid having to cater to gay couples [R1.2].

In November 2010, it was reported that the Lutheran Child and Family Services denied a Chicago gay couples attempts to adopt a local homeless youth on the grounds that the couple was gay [R1.1].

Courts & Tribunals

On 15 November 2011, Catholic Charities filed a notice to dismiss, announcing they were "reluctantly" dropping their fight against gay adoptions and foster parenting [R2.7].

On 04 October 2011, Catholic Charities filed a Notice of Appeal in the Illinois Appellate Court for the 4th Judicial District and to stay a ruling that allows Illinois to sever its foster care and adoption contracts because the religious group refuses to work with same-sex couples [R2.6].

Previously:

On 18 August 2011, Sangamon County Circuit Judge John Schmidt ruled that the state did not violate the rights of the Catholic Charities agencies by ending the contracts to provide foster care and adoption services [C2.5], [R2.4].

On 29 July 2011, in a motion to intervene in the Sangamon County court allowed on 01 August 2011, the ACLU said to reject parents based on sexual orientation or religious belief violates the federal consent decree which requires the state to consider nothing but the “best interests of the child,” not the religious beliefs of a private foster agency, when making decisions about placement [C2.3], [R2.2].

In June 1999, a three-judge Illinois Court of Appeals panel scathingly rebuked Circuit Court Judge Susan McDunn for trying to block three uncontested adoptions by lesbian parents [R2.1].

State

On 28 November 2011, the Department of Revenue gay and lesbian couples in civil unions will be able to file their state taxes jointly starting January next year [R1.1].

State

On 01 January 2011, students who make explicit online threats against other students or school staff face suspension or explusion under a new Illinois law Public Act 097-0340 [L1.4], [R1.3].

On 27 June 2010, Governor Pat Quinn signed the Prevent School Violence Act into law, explicitly prohibiting bullying based on actual or perceived sexual orientation, gender identity and gender expression. Bullying, as defined by the law, now includes any harassment through e-mail, text messaging, and social networking Web sites in order to protect students outside the classroom [R1.2].

Previously:

On 23 April 2010, the House of Representatives passed a bill 108–0 requiring schools to adopt policies prohibiting bullying based on sexual orientation, gender identity, and several other characteristics and to offer students training in how to resist bullying and take other reasonable steps to stop harassment

The state senate passed the measure earlier in April 2010 and it then went to Gov. Pat Quinn, who was expected to sign it into law [R1.1].

Courts & Tribunals

On 31 March 2011, the US Court of Appeals for the 7th Circuit ruled that Wal-Mart did not violate the 1964 Civil Rights Act when it fired an employee for making anti-gay statements during her work break in violation of company discrimination and harassment prevention policy [C2.2], [R2.1].

State

On 01 June 2011, the right to sue for a partner's wrongful death is one of the rights that came with Illinois civil unions, which became available to both same-sex and opposite-sex couples [R1.1].