Illinois LGBT Laws

On 03 September 2015, Judge Ronald Sutter in the Eighteenth Judicial Circuit Dupage County Court dismissed the complaint of Jennifer L Crumblett against the Midwest Sperm Bank for incorrectly supplying her and her same-sex partner Amanda Zinkon with vials from African-American Donor No. 330 instead of the requested white Donor 380, citing that the allegations of wrongful birth and breach of warranty didn’t meet the legal threshold under the ‘Blood Shield Act’. The court, however, gave the plaintiff permission to refile with new allegations that are not alleging breach of warranty or wrongful birth. Crumblett sought damages in excess of $50,000. The case is scheduled to return to Court on 17 December [R1.1].

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].

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]

On 27 January 2017, the Union County Board of Commissioners approved an ordinance that amends the Code of Ordinances by Section Article 6 of Chapter 11 and bans nepotism in county hiring, declaring that the County Board has determined that employment actions it takes, ”including hiring, promotion, discipline and dismissal should not be based on favoritism granted to family members of elected officials, department heads and other supervisory personnel”. Family members include amongst others, a husband, wife, party to a civil union [R2.3].

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].

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.

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].

On 17 June 2015, with immediate effect, the Madison county board approved a move to add transgendered individuals to their non-discrimination categories in the employee handbook [R2.2].

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

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].

On 24 October 2018, it was reported that the Attorney General had intervened in the Timber Creek Bed and Breakfast case [R4.23-R4.25] for non-payment of the Human Rights Commission order to pay more than $80,000 [R4.30].

On 02 August 2018, the Court of Appeal for the Seventh Circuit upheld the lower court’s ruling in the Title VII sex discrimination claim of Robert Smith alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor at Rosebud Farm. According to the worker, and trial testimony, the employee’s male coworkers grabbed his genitals, groped him, mimed sexually explicit acts and even reached down his pants and despite the employee’s complaints, nothing changed [C4.29], [R4.28].

On 27 August 2018, the Court of Appeal for the Seventh Circuit reversed the district court’s decision to dismiss a lawsuit Marsha Wetzel brought against Glen St. Andrew Living Community in Niles, ruling that an Illinois senior living facility can be held liable for failing to protect a lesbian resident from harassment, discrimination and violence [C4.27], [R4.26].

On 25 September 2017, it was reported that a petition was filed in the Illinois Supreme Court on behalf of Jim Walder, co-owner of TimberCreek Bed-and-Breakfast, who is facing penalties for discrimination that include paying $30,000 to Todd and Mark Wathen for their emotional distress and paying the Wathens’ attorneys $50,000 in fees [R4.25].

On 16 August 2017, the Fourth District of the Illinois Appellate Court reportedly entered an order denying a motion filed by Chicago attorney Jason Craddock that had asked the court to reverse the dismissal of the Timber Creek Bed and Breakfast appeal [R4.24]. See below at [R4.23].

On 08 June 2017, the Fourth District of the Illinois Appellate Court was reported to have entered an order to dismiss the appeal filed last December on behalf of TimberCreek Bed-and-Breakfast co-owner Jim Walder, appealing the Illinois Human Rights Commission ruling that the owners of Timber Creek Bed and Breakfast had violated Illinois law and discriminated against Mark and Todd Wathen in denying the Wathen’s use of the facility in 2011 for their civil union ceremony [R4.23].

On 18 April 2017, Judge Charles P Kocoras in the US District Court rejected Chicago-based music director Colin Collette’s claim he was unlawfully fired from the Holy Family Parish Catholic church for being gay, finding the parish can legally terminate the employee under the religious exemptions of civil rights laws. Collette proposed marriage to his longtime partner Will Nifong and upon learning of Collette’s engagement, the Defendants terminated his employment on 27 July 2014 [C4.22], [R4.21].

On 30 November 2016, the full 7th US Circuit Court of Appeals in Chicago was expected to hear Kimberly Hively’s workplace discrimination appeal, arguing that federal civil rights law should protect gay people from workplace discrimination [R4.20].

On 18 November 2016, the Illinois Human Rights Commission declined to further review and adopted the report and recommendation of an administrative law judge, ruling against a Paxton Bed & Breakfast after its owners denied a downstate couple Mark and Todd Wathen access to the facility to celebrate their civil union in 2011. The 22 March 2016 recommended order and decision of Administrative Law Judge Judge Michael R Robinson has become and order of the Commission [C4.19], [R4.18].

On 28 October 2016, Appellate Court of Illinois upheld the lower court’s decision finding that the 7355 South Shore Drive Condominium Association discriminated against Pat Gilbert and Vernita Gray contrary to the Fair Housing Ordinance by preventing Gilbert from buying a unit in the building because she was white and a lesbian and ordered the condo association to pay a total of $3,300 for emotional distress, compensatory damages and fines to the couple and to the city of Chicago, as well as to cover attorney fees, which amounted to $68,109.05. The Court upheld the awarding of the fees [C4.17], [R4.16].

On 01 August 2016, following the US Seventh Circuit Court of Appeals ruling in the Kimberly Hively (Indiana) case, Judge Milton I Shadur in the US District Court for the Northern District of Illinois dismissed the claim of Lubomir Matavka alleging he was subjected to repeated incidents of harassment at J Sterling Morton High School because he was perceived by co-workers as gay. Employment discrimination on the basis of sexual orientation is still not a recognized protected category in the eyes of the federal government [C4.15], [R4.14].

On 22 March 2016, Administrative Law Judge Michael R Robinson in the Human Rights Commission ruled that the TimberCreek Bed $ Breakfast in refusing to hire the venue to Todd and Mark Wathen for a civil union ceremony and emailing them saying homosexuality was ”immoral and unnatural”, the hotel was in breach of the law. The Tribunal ordered the hotel to pay $30,000 to the couple, $50,000 in legal fees, and $1,218.35 in costs [C4.13], [R4.12].

On 15 May 2015, Administrative Law Judge William J Borak in the Human Rights Commission issued a Recommended Liability Determination finding that Hobby Lobby Stores gender related identity discrimination against its m2f transsexual employee Meggan Sommerville in refusing to let her use the store’s designated women’s restroom. The state Human Rights Commission has not yet affirmed the recommendation [C4.11], [R4.10].

On 15 September 2015, Administrative Law Judge Michael R Robinson in the Illinois Human Rights Commission determined that Walder Vacuflo, Inc., doing business as Timber Creek Bed and Breakfast, unlawfully discriminated against Todd and Mark Wathen in refusing to host their civil union ceremony on the basis of their sexual orientation [C4.9], [R4.8].

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].

On 03 September 2015, Judge Ronald Sutter in the Eighteenth Judicial Circuit Dupage County Court dismissed the complaint of Jennifer L Crumblett against the Midwest Sperm Bank for incorrectly supplying her and her same-sex partner Amanda Zinkon with vials from African-American Donor No. 330 instead of the requested white Donor 380, citing that the allegations of wrongful birth and breach of warranty didn’t meet the legal threshold under the ‘Blood Shield Act’. The court, however, gave the plaintiff permission to refile with new allegations that are not alleging breach of warranty or wrongful birth. Crumblett sought damages in excess of $50,000. The case is scheduled to return to Court on 17 December [R1.1].

On 28 October 2016, Appellate Court of Illinois upheld the lower court’s decision finding that the 7355 South Shore Drive Condominium Association discriminated against Pat Gilbert and Vernita Gray contrary to the Fair Housing Ordinance by preventing Gilbert from buying a unit in the building because she was white and a lesbian and ordered the condo association to pay a total of $3,300 for emotional distress, compensatory damages and fines to the couple and to the city of Chicago, as well as to cover attorney fees, which amounted to $68,109.05. The Court upheld the awarding of the fees [C1.4], [R1.3].

On 18 August 2016, Illinois Supreme Court ruled 5-2 that Chicago woman Eileen M. Brewer has no right to a part of the medical practice owned by Jane E Blumenthal her domestic partner of 26 years. The parties split in 2008. The Court found that the couple never had a legal marriage and that common-law marriages are not recognized in Illinois [C1.2], [R1.1].

On 27 May 2019, it was reported that a Bill (SB0056) to ensure that single-occupancy public restrooms in Illinois will be gender neutral was approved by the Senate in April (11th) and a few days ago (21st) by the House of Representatives. The Bill now goes to Governor J.B. Pritzker for signature [R1.11].

On 27 December 2018, in what could be a first for Illinois, it was reported that the Illinois Department of Corrections (IDOC) had moved 27-year-old M2F transgender inmate Dean ”Strawberry” Hampton, from the all-male prisons where she was held, to Logan Correctional Center, a women’s prison. Ms. Hampton is serving a 10-year sentence for burglary and has suffered repeated abuse and sexual assaults in various male prisons [R1.10].

On 25 August 2017, Governor Bruce Rauner signed into law HB1785, legislation that will modernize Illinois law allowing transgender and intersex individuals under doctor’s care to change the gender marker on their birth certificate without undergoing gender reassignment surgery [R1.9].

On 31 May 2017, the Senate passed HB1785 (the Birth Cert-Sex Designation Bill) 32-22, allowing transgender citizens to change their gender designation with authorization from a medical professional confirming they have undergone medically appropriate treatment. The Bill awaits executive approval. [R1.8].

On 25 May 2015, the House passed HB1785 63-43 and sent the Bill to the Senate. If the bill is signed into law, transgender and intersex people will be able to change the gender marker on their birth certificate without the need to undergo surgery [R1.7].

On 03 December 2015, the Township High School District 211 board in Palatine agreed to provide a transgender girl access to the girls’ locker room, resolving a complaint the student had brought against it with the U.S. Department of Education’s Office for Civil Rights, winning a landmark ruling from the department [R1.6].

On 26 May 2015, the legislature passed Public Act 99-0417 (HB 3552) the Disposition Remains-Directions Act, signed by the Governor 20 August 2015, with effect from 01 January 2016. The Act provides that the directions a person may provide under the Act may include instructions regarding gender identity, including, but not limited to, instructions with respect to appearance, chosen name, and gender pronouns [R1.5].

On 02 November 2015, the US Department of Education concluded that Township High School District 211, on the basis of sex, violated Title IX of the Education Amendments 1972 in denying m2f transitioned Student A access to the girls’ locker rooms at the School and offered only separate facilites to change clothes for her PE classes and athletics activities, giving the District 30 days to negotiate and reach and agreement to resolve the complaint or face enforcement action. The proceeding may have wide-ranging effects nationally [D1.4], [R1.3].

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

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].

On 22 June 2016, Chicago Aldermen approved a change in Chicago’s human rights ordinance that will enable transgender people in Chicago to use a public bathroom that corresponds to their gender identity. The ordinance previously exempted bathrooms [R3.5].

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].

On 15 April 2019, US District Judge Jorge Alonso reportedly approved the dismissal of a lawsuit against Palatine School District 211. The lawsuit’s dismissal means transgender students can continue to use facilities that correspond with their gender identity [R4.16].

On 29 March 2019, US District Judge Judge Jorge L Alonso issued an order permitting a parent-student privacy lawsuit to move forward against Palatine School District 211 on grounds of alleged violation of religious freedom and charges or sexual harassment. A group of concerned parents and students have charged the northwest suburban Chicago area educational authority with violations of privacy and usurpation of parental rights as a result of the school board’s decision to allow male students to use female lockers rooms because they identify themselves as female [C4.15], [R4.14].

On 30 November 2018, while the three-justice First District of the Illinois Appellate Court will allow the case to continue, it ruled against granting a preliminary injunction finding there is no reason to force District 211 to let M2F transgender Nova Maday have unrestricted use of the girls locker room at Palatine High because she has graduated [C4.13], [R4.12].

On 07 November 2018, US District Judge Nancy J Rosenstengel ordered state prison officials to provide an update to the Court within 14 days as to steps it will take to: (1) train all correctional staff on transgender issues; (2) allow inmate Deon Hampton to attend the transgender support group while she is in segregation; and (3) ensure the Transgender Care Review Committee considers all evidence for and against transferring Hampton to a women’s facility [C4.11], [R4.10].

On 07 February 2018, lawyers for Palatine High School student Nova Maday reportedly filed an appeal the 1st District Appellate Court [R4.9]. (See below)

On 25 January 2018, Cook County Judge Thomas Allen reportedly rejected Palatine High School student Nova Maday’s request for a preliminary injunction that would have allowed unrestricted use of the girls’ locker room at high school without being restricted to a private changing area inside the locker room. The case is ongoing [C4.8], [R4.7].

On 29 December 2017, Judge Jorge Alonso in the US District Court denied a Motion for Preliminary Injunction allowing the Palatine Township High School District 211to continue a policy that enables transgender students to use bathrooms and locker rooms of their choice, pending a further status hearing on 08 February 2018 [C4.6], [R4.5].

On 18 October 2016, US Magistrate Judge Jeffrey T Gilbert recommended against an injunction that would bar a transgender student at William Fremd High School in northwest suburban Palatine from using the girls’ locker room while a lawsuit proceeds. A final ruling on the injunction is expected from Judge Jorge Alonso [C4.4], [R4.3].

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 [R4.2].

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]

On 25 August 2017, Governor Bruce Rauner signed Bill (SB1761) into law (effective 01 January 2018) barring attorneys from submitting as a defense that their client was threatened by the victim’s real or perceived sexual orientation [R1.7].

On 31 May 2017, the House of Representatives reportedly unanimously passed bill SB1761 prohibiting the ”gay panic” or “trans panic” defense, which allows alleged murderers to defend their actions in court by arguing that their victim’s sexual orientation ”triggered” their crime”. Having already unanimously passed the Senate, the Bill now goes to Governor Bruce Rauner, who is expected to sign it into law [R1.6].

On 05 May 2017, the Senate passed unanimously 41-0 Senate Bill 1761 that would prohibit a defense for murder based on a victim’s sexual orientation or a nonviolent sexual advance and the Bill will be up for consideration in the House [R1.5].

On July 20th, Illinois Governor Bruce Rauner signed into law Public Act 99-0077 (HB 3930), an enhanced Hate Crimes statute that comes into effect on 01 January 2016 [R1.4].

On 20 May 2015, Bill HB 3930 passed the Senate 55-0 (4 no votes) having previously passed the House 112-9 (3 no votes) on 16 April. The Bill amends the Criminal Code of 2012 and the Unified Code of Corrections. Hate crime includes damage or injury to persons or property because of actual or perceived gender or sexual orientation of another person or group. “Sexual orientation” now includes gender identity by reference to the Human Rights Act. Governor Bruce Rauner is expected to sign the Bill into law [R1.3].

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].

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].

On 10 January 2017, it was reported that the General Assembly voted to expand sick leave rights. Under the amendments to the Eligible Leave for Employee Caregiving Time (ELECT) law, commonly known as the Sick Leave Act,, people would be entitled to paid time off to care for stepchildren and domestic partners. The Bill now goes to the Governor [R1.7].

On 20 August 2015, Governor Bruce Rauner signed HB0217 (the Youth Mental Health Protection Act) into law with effect from 01 January 2016, that bars licensed therapists from subjecting young people to counseling that is designed to change their sexual orientation or gender identity. The legistation includes a unique provision (Section 25) affording survivors access to a consumer fraud action against the perpetrators of this abuse [R1.6], [L1.5].

On 29 May 2015, the Senate passed 34-19 Bill HB217 (Youth Mental Health Protection Act) to ban any programs which attempt to change the sexual orientation of people under eighteen in Illinois. The House voted 68-43 for the bill earlier this month. The bill now heads to the governer, Bruce Rauner [L1.5], [R1.4].

On 29 July 2014, the Illinois Department of Insurance issued guidance clarifying that under the Affordable Care Act (ACA) and Illinois state law, health insurers may not discriminate based on gender identity and related medical conditions [D1.3], [R1.2].

On 31 May 2014, Get Covered Illinois confirmed that following the enactment of same-sex marriage laws in the state, same-sex couples who get married will now be eligible for a Special Enrollment Period (SEP) in which they can enroll in private health coverage plans under the Affordable Care Act (ACA). [R1.1].

On 01 July 2017, the Cook County Earned Sick Leave ordinance came into effect. Employees in Cook County who have worked at a place of business for at least 2 hours in any two-week period are entitled to one hour of earned sick leave for every 40 hours worked. Earned sick leave of up to 40 hours per year may be used when you or a family member are ill, receiving medical care, or the victim of domestic violence or stalking, or a public health emergency closes work, school or daycare [D2.1].

On 15 February 2017, US District Judge Ronald A Guzman ruled that the ”Youth Mental Health Protection Act” which generally prohibits mental health providers who practice in ”trade or commerce” from engaging conversion therapy with minors does not apply to pastors, saying that while the work of the pastors involves religious counseling of youths with a same-sex attraction, it cannot be considered as a ”trade or commerce” within the meaning of the Act [C3.2], [R3.1].

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

On 25 August 2017, Gov. Bruce Rauner signed Senate Bill 1761 into law, effective 01 January 2018 [L1.4], [R1.3].

On 05 May 2017, the Senate unanimously passed 41-0 Senate Bill 1761 that would prohibit a defense for murder based on a victim’s sexual orientation or a nonviolent sexual advance. The Bill will now be up for consideration in the House [R1.2].

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

On 08 July 2014, it was pointed out that couples traveling across the border to marry in Illinois are prevented from doing so by the unamended Section 217 of the Illinois Marriage and Dissolution of Marriage Act providing that “No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction if such marriage would be void if contracted in such other state” [R1.14].

On 04 March 2014, Attorney-General Lisa Madigan reportedly issued guidance that county clerks statewide can immediately begin issuing marriage licenses to same-sex couples even though the state law legalizing gay marriage doesn’t take effect until 01June [R1.13].

On 20 November 2013, Governor Pat Quinn signed the marriage equality bill (Religious Freedom and Marriage Fairness Act) into law with effect from 01 June 2014 [R1.12].

On 07 November 2013, Governor Pat Quinn announced he would sign the gay marriage into law on 20 November. The law does not go into effect in Illinois until 01June 2014 [R1.11].

On 06 November 2013, Illinois Governor Pat Quinn said he will sign legislation allowing same-sex couples to marry in the state later this month – with the first weddings due to take place in June [R1.10].

On 05 November 2013, the General Assembly approved the gay marriage Bill (SB0010) 61-54. The Senate, quickly signed off (32-21) and the Bill now awaits signature by the Governor (later in November) upon which Illinois will become the 15th state to make same-sex marriages lawful with effect from 01 June 2014 [R1.9].

On 31 May 2013, Senate Bill 010 failed to be called in the House, despite passing in the Democratic-controlled Senate on Valentine’s Day this year. The bill will return for a vote in the House this autumn [R1.8].

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].

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

On 27 January 2017, the Union County Board of Commissioners approved an ordinance that amends the Code of Ordinances by Section Article 6 of Chapter 11 and bans nepotism in county hiring, declaring that the County Board has determined that employment actions it takes, ”including hiring, promotion, discipline and dismissal should not be based on favoritism granted to family members of elected officials, department heads and other supervisory personnel”. Family members include amongst others, a husband, wife, party to a civil union [R2.1].

On 13 March 2014, 23rd Judicial Circuit Judge Ron Matekaitis approved an agreement in the case of Darla Cook and Jaelyn Paulsen v. Doug Johnson that same-sex couples in DeKalb County don’t have to wait until 01 June to get a marriage license [R3.16].

On 21 February 2014, Judge Sharon Johnson Coleman in the US District Court of Illinois ordered the Cook County Clerk’s office to provide marriage licenses immediately (21 Feb) to same-sex couples seeking the freedom to marry [C3.15], [R3.14].

On 10 December 2013, US District Judge Sharon Coleman ordered that “medically critical plaintiffs” can marry immediately instead of waiting for the state’s marriage equality law to take effect 01 June [C3.13], [R3.12].

On 25 November 2013, US District Judge Thomas Durkin ordered Cook County clerk David Orr to issue an expedited marriage license to Vernita Gray and Patricia Ewert. Gray is terminally ill with cancer in her brain and bones. Orr noted expedited licenses are granted to heterosexual couples in similar situations [R3.11].

On 07 November 2013, Judge Sophia Hall in Cook County issued a temporary stay of a lawsuit that challenged Illinois’ ban on same-sex marriage as a consequence of the passing of the marriage equality Bill. The parties will appear Nov. 14 to discuss how to proceed [R3.10].

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 [C3.9], [R3.8]. Expect a ruling 27 September 2013 [R3.7].

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 [R3.6].

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 [C3.5], [R3.4].

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 [C3.3], [C3.2], [R3.1].

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].

On 27 April 2018, the Illinois Appellate Court, Second District ruled that Ashlie Judd, whose former wife Dee Baron-Judd had a baby AMJ through artificial insemination, has parental rights to the child even though they’re not biologically related, affirming the judgment of the circuit court of Winnebago County declaring a parent-child relationship between Ashlie and AMJ [C2.9], [R2.8].

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].

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].

On 05 May 2017, the Senate passed unanimously 41-0 Senate Bill 1761 that would prohibit a defense for murder based on a victim’s sexual orientation or a nonviolent sexual advance and the Bill will be up for consideration in the House [R1.5].

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].

On 02 August 2018, the Court of Appeal for the Seventh Circuit upheld the lower court’s ruling in the Title VII sex discrimination claim of Robert Smith alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor at Rosebud Farm. According to the worker, and trial testimony, the employee’s male coworkers grabbed his genitals, groped him, mimed sexually explicit acts and even reached down his pants and despite the employee’s complaints, nothing changed [C2.9], [R2.8].

On 27 August 2018, the Court of Appeal for the Seventh Circuit reversed the district court’s decision to dismiss a lawsuit Marsha Wetzel brought against Glen St. Andrew Living Community in Niles, ruling that an Illinois senior living facility can be held liable for failing to protect a lesbian resident from harassment, discrimination and violence [C2.7], [R2.6].

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 [C2.5], [R2.4].

On 28 August 2004, Chicago Police Officer Scott Korhonen suspected 20-year-old security guard Coprez Coffie was in a drug deal, drove him to an alley, handcuffed and strip-searched with his pants down. During the strip search, Korhonen got a screwdriver and jammed it deep into the rectum of Coffie ­ causing internal injuries to Coffie. Eventually, on 16 October 2007 a civil jury found Officers Korhonen and Lodwich guilty of the ”unreasonable search” and ordered the City of Chicago to pay Coffie a $4 million settlement plus nearly $675,000 for his legal fees [C2.3], [R2.2]. The officers are apparently still members of the Chicago Police Department and have not been charged with criminal assault [R2.1].

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].