Illinois is Leading the Way for Transgender Rights in the Midwest
In the evolving landscape of transgender rights in the United States, Illinois has emerged as a beacon of hope, progress, and inclusivity for the community – particularly at a time when other Midwestern states are passing harmful and anti-trans legislation. With measures that reinforce gender marker changes, transgender-inclusive health care, and anti-discrimination laws, Illinois has been making important strides in advancing trans rights, setting precedents for the nation in supporting transgender individuals by offering more inclusive and safe environments.
Gender Marker Changes
One of the ways Illinois has been removing barriers for gender-diverse and transgender residents to live as their authentic selves while also having consistency in their legal documentation is with the passage of a recent bill. On February 17, Governor Pritzker signed HB 9 (The Birth Certificate Modernization Bill) into law in Illinois. It is set to go into effect on July 1 and authorizes a more straightforward process for individuals to be able to change the gender listed on their birth certificates.
This change is important for the LGBTQ+ community as it amends a previous legal requirement that a healthcare professional certify that the individual had undergone either gender reassignment surgery or other clinical treatments. Now, a petitioner filing for the change would instead need to provide only a statement affirming their gender identity or intersex condition.[1] The bill also provided opportunities for individuals to request fee waivers and for domestic violence shelters to have four waivers per year for their residents. This law provides a much easier path for transgender and intersex individuals to gain vital legal recognition of their identities.
In addition to HB 9, the collaborative efforts of organizations, like the Transformative Justice Law Project of Illinois and our AIDS Legal Council project – among others – have further supported transgender individuals in navigating the process of changing their name and gender marker. This extends beyond birth certificates and includes guidance on updating information in other vital documents and with government agencies. These combined efforts not only make legal recognition a reality but also empower our transgender clients with the tools to be themselves in the public sphere.
Gender-affirming Healthcare
Another meaningful way Illinois has been advancing health equity and inclusion for trans and nonconforming communities has been through the expansion of Medicaid-funded services. Through Medicaid, these individuals can now access essential services such as hormone therapy, gender-affirming surgeries, mental health support, and other necessary medical interventions.
In the spring of 2019, the Illinois Department of Healthcare and Family Services (HFS) announced that it would develop administrative rules on coverage. Advocates and affected community members participated in two rounds of comments and wrote letters to share their stories and experiences. They advocated with Governor Pritzker and HFS to ensure that the final rule for treatment of gender dysphoria through medically necessary procedures would not be labeled as “cosmetic” and would be broadly covered. Under the rule, Medicaid members ages 21 and older diagnosed with gender dysphoria are eligible for a wide range of gender-affirming surgeries. In announcing the rule change, we were heartened to hear Governor Pritzker affirming that, “[h]ealthcare is a right, not a privilege, and I’m committed to ensuring our LGBTQ community and all Illinoisans have access to that right.”[2]
This expansion has improved the overall well-being and quality of life for countless individuals and sent a powerful message of acceptance and support. Illinois continues to lead the way in providing comprehensive and inclusive healthcare for all its residents, regardless of gender identity or expression.
Anti-Discrimination Victories
Illinois has also been taking significant steps forward in the protection of transgender rights by affirming their protections under the Illinois Human Rights Act in anti-discrimination cases. On April 13, 2021, the Second Appellate Court of Illinois in the case of Hobby Lobby Stores, Inc. v. Sommerville (2021 IL App (2d) 190362), upholding the rights of a transgender woman whose employer did not allow her to use the women’s bathroom. The court found that Hobby Lobby had violated the Act by discriminating against the plaintiff based on her gender identity. The Court emphasized that the Act’s definition of “sex” was broader than a traditional definition and included gender identity. The Court further stressed that while it is within a business’s authority to designate separate restrooms, it was illegal to deny an individual access to the restroom that matched their gender identity.[3]
This victory is important for transgender individuals as it establishes legal recognition and protection of their rights, particularly their right to access restrooms according to their gender identity. It reinforces the principles of inclusivity, equality, and dignity, allowing transgender individuals to participate fully in public life without fear of discrimination or exclusion. Additionally, this decision sets a precedent that can potentially influence and inspire similar protections in other jurisdictions, promoting progress and acceptance for transgender individuals nationwide.
Conclusion
Illinois stands at the forefront of championing transgender rights in the Midwest, setting an example for other states. With its progressive measures in gender marker changes, gender-affirming healthcare, and anti-discrimination laws, Illinois has shown unwavering commitment to creating a more inclusive and equitable society for transgender individuals. By removing barriers, providing essential healthcare services, and affirming protections against discrimination, the state has become a beacon of hope and progress for the transgender community.
While Illinois has made strides in promoting transgender rights and access to gender-affirming healthcare, there is still more work to do. Ongoing efforts should focus on expanding education and awareness, addressing any healthcare or housing disparities, and continue dismantling the systemic barriers that impede full equality for the community. By continuing to champion these important causes, Illinois can pave the way in advancing transgender rights and fostering a more inclusive society for all.
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[1] “Press Release: Gov. Pritzker Signs Bill Removing Barriers to Access for Legal Gender Change Process”. Illinois Government. 17 Feb. 2023. https://www.illinois.gov/news/press-release.26081.html#:~:text=Pritzker%20Signs%20Bill%20Removing%20Barriers%20to%20Access%20for%20Legal%20Gender%20Change%20Process,-Press%20Release%20%2D%20Friday&text=Chicago%E2%80%94Governor%20JB%20Pritzker%20today,listed%20on%20their%20birth%20certificate.
[2] “Press Release: Fulfilling Gov. Pritzker’s commitment to healthcare equity, Medicaid to provider gender affirming surgery”. Illinois Government. 5 Apr. 2019, https://www.illinois.gov/news/press-release.19893.html.
[3] “Press Release: Victory for Transgender Illinoisans: State Appellate Court Upholds the Human Rights Act Protections for Transgender Individuals, Equal Access to Bathrooms”. Illinois Department of Human Rights. 16 Aug. 2021, https://dhr.illinois.gov/content/dam/soi/en/web/dhr/publications/documents/idhr-guidance-relating-toprotection-of-transgender-nonbinary-and-gender-nonconforming-students-eng-web.pdf