KNOW YOUR RIGHTS |
Updated November 2024 |
🍆SAME SEX ACTIVITY | LEGAL
Same-sex sexual activity has been federally decriminalized since 2003 when sodomy laws were ruled unconstitutional by the Supreme Court in Lawrence v. Texas. As a result, all anti-sodomy laws in the United States were rendered unenforceable regarding private, consensual settings. Same-sex sexual activity has been legal in Illinois since 1962 when Illinois became the first US state to repeal its sodomy laws.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity. In Illinois, this law is the Illinois Domestic Violence Act.
🔞AGE OF CONSENT | LEGAL
Since 2012, the age of consent in Illinois has been 17 years old when the Illinois Compiled Statute was amended by 720 ILCS 5. The US federal government does not have any laws regarding the age of consent, so the age of consent varies by state. Additionally, there are no added requirements or different ages of consent in the US based on the type of sexual behavior - in some countries, the age of consent is different for cisgender heterosexual sex than it is for LGBTQIA+ activities (ex. Chili, 2019. Age of consent for cisgender heterosexual relations = 14; age of consent for LGBTQIA+ relations = 18)
Illinois’ age of consent is raised to 18 if one of the individuals has a “position of authority or trust” over the victim. Positions of authority often include teachers, coaches, supervisors, coaches, church leaders, babysitters, tutors, etc.
Illinois does not have a close-in-age exemption, commonly known as a “Romeo and Juliet law.” In other states, close-in-age exemptions legally protect couples that are similar in age (ex. a 16-year-old and a 17-year-old) - however, in Illinois, no such exemptions exist. In the event that a 16-year-old and a 17-year-old had sex in Illinois, the 17-year-old could be charged as a sex offender related to child abuse because the 16-year-old is under Illinois’ minimum age of consent. Alternatively, if two 16-year-olds had consensual sex in Illinois, they could both be charged with statutory rape under Illinois law.
Additionally, Illinois age of consent laws do not include sexting, or the act of sending sexually explicit messages, photos, or videos through a phone, app, email, webcam, or other digital device. In Illinois, the age to send and receive sexts is 18 even though the age of consent is otherwise 17. According to Illinois and federal law, mere possession of such materials is illegal - a person under the age of 18 can be charged with child pornography for having sexually explicit materials of themselves.
💍QUEER MARRIAGE | LEGAL
Same-sex, queer, or gay marriage has been federally legalized in the United States since 2015 through the Supreme Court decision in Obergefell v. Hodges. All states must issue marriage licenses for same-sex couples and recognize same-sex marriages performed in other states. Queer marriage has been legal in Illinois since 2013 via SB 10 and gender-neutral marriage certificates have been legally approved in Illinois since 2021 through SB 139.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity. In Illinois, this law is the Illinois Domestic Violence Act.
👪FAMILY | (MOSTLY) LEGAL
Married same-sex couples were given all of the benefits awarded to different-sex couples when same-sex marriage was legalized in Obergefell v. Hodges. This includes medical decision-making authority, stepparent adoption, and joint adoption. However, Illinois does not recognize confirmatory adoption or voluntary acknowledgment of parentage (VAP), which means partners must be married or have a civil union to have family benefits in Illinois.
Nondiscrimination in adoption, foster care, and other family services is not protected at the federal level. However, Illinois prohibits such discrimination against LGBTQIA+ couples seeking family services. According to the Illinois State Bar Association, any single or divorced person, or couple (unmarried, married) can adopt a child in Illinois if they are deemed fit, according to 750 Ill. Comp. Stat § 50/2, 653 N.E.2d 888 (Ill. App. Ct. 1995), and 750 Ill. Comp. Stat. 80/10. However, Illinois prohibits adoption for individuals convicted of violent crimes like rape, sexual assault, or homicide; people convicted of child abuse, neglect, and other crimes against children; and partially prohibits those convicted of physical assault, battery, or drug-related offenses up to five years after the incident. Illinois also prohibits adoption for people who have lived in Illinois for less than six months as well as anyone who has a legal disability - such as HIV/AIDS, Autism, Diabetes, Deafness, blindness, cerebral palsy, and many others listed under the Americans with Disabilities Act (ADA).
The United States gives US citizenship to biological children of current US citizens, whether their citizenship is by birth or naturalization. However, this disproportionally affects same-sex couples whose children are born overseas and therefore unable to obtain their own citizenship.
Transgender individuals are not automatically covered in the protections given to same-sex couples. Illinois maintains that gender gives no preference in determining custody, however, there are no state or federal laws that explicitly protect transgender parents’ right to their children and custody. Generally, custody is determined based on the “fitness” a parent has to raise a child. Since being transgender cannot be shown to harm a child and their upbringing, custody, and visitation shouldn’t be determined based on this. However, this is not always the case since courts may attempt to discriminate based on “mental or social harm” to the child.
LGBTQIA+ couples also have the legal right to in vitro fertilization (IVF), and IVF services are protected in Illinois under the 2019 Illinois Reproductive Health Act. In 2019, Illinois added legal protections for LGBTQIA+ families to access infertility services through healthcare insurance through HB 3709. Lastly, gestational surrogacy contracts are deemed legal via the Illinois Gestational Surrogacy Act, which gives LGBTQIA+ families the option to pursue surrogacy.
🤫CENSORSHIP | ILLEGAL
There are no laws that prohibit, limit, or censor LGBTQIA+ issues, identities, and discussions at any level - including in public schools.
Illinois mandated the teaching of LGBTQIA+ history in public schools in 2019 via HB 246 or the Inclusive Curriculum Law and amendment of the Illinois School Code regarding US History requirements upon graduation. While Illinois public schools are not required to teach sex education, those that do are required to teach comprehensive medically-accurate material that aligns with the National Sex Education Standards that includes LGBTQIA+ issues and identities through the Illinois Keeping Youth Safe and Healthy Act. In 2023, Illinois became the first US state to ban discriminatory book bans through HB 2789, or book bans that bar content about LGBTQIA+ identities, people of color, and other politicized issues from public schools, libraries, and other buildings.
🏫EDUCATION | LEGAL
On a federal level, public school LGBTQIA+ students maintain their right to speak openly about their gender identity and sexual orientation under the Freedom of Speech, as well as the ability to freely express themselves and form LGBTQIA+ student-led organizations like GSAs (Gay-Straight or Gender-Sexuality Alliances) through the Equal Access Act of 1984 and the Supreme Court decision in 1969 on Tinker v. Des Moines. LGBTQIA+ student organizations must have the same access and opportunities given to other student organizations at school.
Public schools cannot enforce dress codes that require students to dress based on their biological or assumed sex and must allow students to wear any option of available dress code uniforms, if available, under Title IX of the Education Amendments of 1972. Similarly, public schools that allow students to wear clothing with written messages (such as on T-shirts) must equally allow clothing that promotes LGBTQIA+ topics, as supported by the 2012 case Couch v. Wayne Local School District.
Public schools may only censor free speech if it is considered verbally abusive or harassing; promotes illegal drug use or is lewd/profane; or will cause actual, substantial disruption to the school’s operation that the school can factually prove. While LGBTQIA+ issues may be controversial, they are not disruptive - as proven by Hatcher v. DeSoto County Board of Education. Other students being disruptive because of a GSA does not qualify the GSA as disruptive - Nabozny v. Podlesny, Flores v. Morgan Hill Unified School District, and Romer v. Evans established that schools must take disciplinary action on the harassers since federal courts have stated “there is no constitutional right to be a bully” and there is no “heckler’s veto” regarding the law.
Through the Prevent School Violence Act of Illinois, Illinois requires all public school teachers, faculty, and other school personnel to intervene when witnessing all forms of bullying, harassment, and other forms of discrimination - and especially anti-LGBTQIA+ bullying. PA 96-0952, PA 98-669, and PA 98-801 require Illinois public schools to stop, report, and prevent all forms of harassment on school grounds, at school functions, and in online school spaces. Additionally, intentionally or purposely misgendering transgender and nonbinary students is considered harassment under the Prevent School Violence Act, and schools have a duty under Illinois law to use chosen names and pronouns.
Illinois public schools must maintain a permanent student record of one’s legal name and gender, but schools are allowed to use any name or information on other school documents outside of their permanent record - such as student IDs, rosters, emails, uniforms, etc. Legal notice or court order is not required under Illinois law to change these documents outside of one’s permanent record. The Illinois State Board of Education does not require parental consent to update student information, such as one’s name or gender marker, meaning that all public schools that use ISBE systems do not need parental permission to update this information. Schools that use systems other than ISBEs may have different requirements. Even if you cannot change your name and pronouns in the school system, Illinois public schools must address you by your affirmed identity. According to the Illinois State Board of Education in 2020, refusing to do so violates student confidentiality and safety. Lastly, all Illinois schools must allow students the ability to change their name regardless of how old their systems are - a task being difficult or complicated does not warrant denying you.
Transgender and nonbinary students have the right to use whichever restroom that aligns with their gender identity within Illinois public schools. Illinois schools may build gender-neutral restrooms but are not allowed to require transgender students to use them since it violates the EAA. If a school has gender-neutral restrooms, they must be equal in accessibility and function to gendered bathrooms. The Illinois Human Rights Act, Title IX, and Whitaker v. Kenosha Unified School District give transgender students the right to use the gender-segregated bathroom and locker room of their chosen gender. Schools are not allowed to require students to “prove” their gender, or require legal or medical proof to use certain facilities.
LGBTQIA+ students have the same federal rights to school functions as their cisgender heterosexual counterparts, as proven by the 1980 case Fricke v. Lynch. Schools must protect their students’ right to attend dances, games, and other school events and cannot limit LGBTQIA+ couples more heavily on affection than other students.
The Family Educational Rights and Privacy Act and Illinois Student Records Act require Illinois public schools to keep your sexual orientation, gender identity, and other information confidential. Students are in charge of how “out” they may be, and teachers cannot share information with other students, teachers, parents, etc. about your identity. However, your parents and/or legal guardians have the right to access your school records until you graduate from high school.
Illinois mandated the teaching of LGBTQIA+ history in public schools in 2019 via HB 246 or the Inclusive Curriculum Law and amendment of the Illinois School Code regarding US History requirements upon graduation. While Illinois public schools are not required to teach sex education, those that do are required to teach comprehensive medically-accurate material that aligns with the National Sex Education Standards that includes LGBTQIA+ issues and identities through the Illinois Keeping Youth Safe and Healthy Act. Illinois also prohibits “No Promo Homo” policies or the censorship of LGBTQIA+ topics in public schools. Under the EAA, schools must allow students equal access to online resources - including LGBTQIA+ resources. Illinois schools cannot block websites that would be otherwise allowed for non-LGBTQIA+ students, like campuspride.org, rainbowcafe.org, glsen.org, or gsanetwork.org. Lastly, in 2023, Illinois became the first US state to ban discriminatory book bans through HB 2789, or book bans that bar content about LGBTQIA+ identities, people of color, and other politicized issues from public schools, libraries, and other buildings.
👔EMPLOYMENT | LEGAL
As of 2020, sexual orientation and gender identity have been included within federal anti-discrimination policies for “sex-related discrimination” under the Civil Rights Act of 1964. Additionally, the US Equal Employment Opportunity Commission has held a federal ban on sex discrimination that includes LGBTQIA+ people. However, the United States federal government does not explicitly include national protections or legislation for sexual orientation or gender identity outside of the Supreme Court’s decision in 2020.
Since 2006, Illinois has explicitly banned anti-LGBTQIA+ discrimination through the Illinois Human Rights Act. The Act protects against discrimination in employment, housing, financial credit, and public accommodations. This includes discrimination in hiring, firing, promotions, discipline, training, work assignments, pay, benefits, and other terms of employment, regardless of employer type (ex. private, public, government, etc.)
Illinois has required corporate boards to self-report LGBTQIA+ inclusion and quotas.
✝️RELIGIOUS EXEMPTION | LEGAL
Religious exemption or religious freedom laws refer to policies that allow individuals to refuse products and services based on moral objections, typically concerning LGBTQIA+ issues, abortion, and euthanasia. Opponents of religious exemption policies are often referred to as religious refusal bills, bigot bills, or licenses to discrimination due to how said legislation allows individuals and businesses to openly express prejudice and discrimination. These laws often allow legal discrimination in healthcare services, insurance coverage, marriage licenses, employee benefits, etc.
In 2023, the United States Office of Federal Contract Compliance Programs published a revision to the Trump-era Executive Order 11246 and the White House Faith and Opportunity Initiative from 2018, which previously allowed religious exemption to all employers in the country. Through the revision, discrimination through religious exemption is not allowed but allows religious employers to prefer individuals who also follow their particular faith.
Illinois has broad religious exemption laws (also known as RFRAs), which permit individuals, non-profit organizations, and corporations to seek exemptions from Illinois state laws under the belief that LGBTQIA+ inclusion violates their religious beliefs. Specifically, Illinois’ RFRAs allow for an exemption for medical healthcare providers (such as doctors, nurses, pharmacists, and other professionals) to refuse care to LGBTQIA+ clients. These laws also contain refusal for immunizations, such as the COVID-19 vaccine.
🏘️HOUSING | LEGAL
The Fair Housing Act gives federal protection from anti-LGBTQIA+ discrimination, which includes discrimination based on gender identity and sexual orientation under the United States Department of Housing and Urban Development’s definition of sex-related discrimination through the Supreme Court’s decision in Bostock v. Clayton Cty.
Since 2006, Illinois has explicitly banned anti-LGBTQIA+ discrimination through the Illinois Human Rights Act. The Act protects against discrimination in employment, housing, financial credit, and public accommodations. Within housing, Illinois protects LGBTQIA+ people and their ability to rent and buy housing, as well as protects them from being unfairly evicted or denied housing. Further, housing providers cannot deny your use of certain building facilities, even if those facilities are gender-segregated.
While there are no federal protections regarding credit and lending, Illinois additionally explicitly protects LGBTQIA+ people from credit and lending discrimination.
🪖MILITARY | LEGAL
The United States military has allowed LGBTQIA+ individuals to serve openly since 2011 through the repeal of Don’t Ask Don’t Tell (DADT). Additionally, transgender service members have been allowed to openly serve in all military branches since 2021 through the repeal of Trump’s ban on transgender military members in 2017. LGBTQIA+ service members and veterans are entitled to the same benefits and programs as cisgender heterosexual service members and veterans.
In 2021, Illinois restored the benefits of Illinois-based service members who were discharged for being LGBTQIA+ before the 2011 repeal of DADT, similar to laws in Connecticut, Rhode Island, California, Nevada, and New York.
💔CONVERSION THERAPY | ILLEGAL
Conversion therapy refers to the pseudo-scientific practice of attempting to change someone’s sexual orientation, gender expression, or gender identity - especially to align with heterosexual cisgender stereotypes.
There are no federal laws regarding conversion therapy in the United States, although many attempts to enforce and ban conversion therapy have been made.
In Illinois, conversion therapy has been prohibited from being forced on minors since 2016. The Youth Mental Health Protection Act does not protect individuals ages 18 or older from forced conversion therapy. Additionally, Illinois does not prohibit voluntary conversion therapy for any age - if an Illinois minor agrees to undergo conversion therapy, it is considered legal. Since 2017, conversion therapy provided for free or private religious counseling with a pastor is not considered illegal under the Youth Mental Health Protection Act since it is not a traditional “trade or commerce.”
🤕HATE CRIME PROTECTION | LEGAL
Also known as bias crime laws, hate crime laws protect crimes motivated by feelings of opposition or hostility against a protected class, such as race, color, religion, or national origin. In 2009, the Matthew Shepard Act was signed and prohibited hate crimes based on gender, gender identity, sexual orientation, and disability.
Illinois has had hate crime legislation banning crimes motivated by actual or perceived sexual orientation since 1991 via 720 ILCS 5/12-7.1. In 2015, Governor Bruce Rauner signed HB 3930 to add gender identity to Illinois’ hate crime statute.
Additionally, gay/trans panic defenses are strategies, where a defendant argues against assault and murder, charges that they were prompted to attack or kill a LGBTQIA+ person on the basis they were so angry or scared of said LGBTQIA+ that they were driven temporarily insane. There are no federal bans from the use of gay/trans panic defenses in court, and the use of gay/trans panic defenses is legal in the majority of US states. However, Illinois has banned the use of gay and trans panic defenses since 2017 via SB 1761.
Illinois has included LGBTQIA+ identities as a prohibited ground of discrimination in jury selections since 2019.
🟥HIV/AIDS | LEGAL
The criminalization and rights regarding HIV (human immunodeficiency virus) vary widely by state. Some states criminalize HIV and its potential transmission due to the Ryan White CARE Act passed in 1990 which required states to place criminal regulations on HIV to remain eligible for federal funding. Since then, the US federal government no longer requires the criminalization of HIV since it has proven ineffective in reducing HIV transmission and disproportionately harms marginalized populations.
In 2021, Illinois fully repealed its HIV criminalization law through HB 1063 and SB 655. Other states prosecute the potential for HIV transmission (such as through sex) and donation of HIV-infected organs and blood with misdemeanors, and felonies, and may even require one to register as a sex offender.
HIV/AIDS is considered a disability under the Americans with Disabilities Act and therefore covers people living with HIV/AIDS from discrimination such as in the workplace, hiring process, housing, and other aspects of living. Employers are not allowed to ask you if you have a disability or medical condition, and persons living with HIV/AIDS are not legally required to tell their employer their HIV status - but may do so to get accommodation at work. Rather, employers may only ask about your ability to complete tasks on the job, such as heavy lifting, and may only deny hiring someone living with HIV if they can prove that your HIV status would pose a direct threat to others during routine job duties. Further, employers that know your HIV status must keep that information completely confidential under the Illinois AIDS Confidentiality Act and may only break confidentiality for medical emergencies or disability accommodation. Employers and healthcare insurance providers cannot discriminate against you simply because you have HIV and must provide you with the same coverage as other employees. However, Illinois does legally allow insurance companies to deny individual insurance to people living with HIV if they are applying for insurance without an employer.
Additionally, the ADA makes it illegal for medical providers to discriminate against people living with HIV or AIDS. Since providers should always use universal precautions on every patient they treat, there are no special protective equipment or procedures required to work on patients living with HIV.
The United States Fair Housing Act and Illinois Human Rights Act legally protect your right to health and safety at home. Landlords may not discriminate against people living with HIV and must make accommodations deemed medically necessary by your doctors.
🩸BLOOD DONATIONS | LEGAL
Prior to 2023, the United States had strict limitations on LGBTQIA+ people donating blood and completely barred individuals from donating based on their sexual orientation, regardless of their HIV status. However, in 2023, the US Food and Drug Administration removed its restrictions on sexual orientation-based blood donation and now enforces a standardized questionnaire to approve or deny anyone from blood donation by gauging HIV transmission risk.
Under the new policy through the FDA and American National Red Cross, anyone may donate blood as long as they have not had anal sex with any new or multiple sexual partners in the past three months and are not on HIV preventative medication such as PrEP or PEP. However, the current policy under the FDA still discriminates against polyamorous individuals since they are not allowed to donate blood even with committed, exclusive multiple partners.
At this time, people who are living with HIV or AIDS are not eligible to donate blood, even if their viral load is undetectable or untransmissible.
📜GENDER DOCUMENTS | LEGAL
Transgender rights vary greatly by state, especially regarding legal documents that reflect the correct chosen name and gender marker of the individual. There are no federal standards or legislation regarding legal documents and transgender people. Federal-level documents, such as passports, reflect the identity based on state identification, such as one’s birth certificate or driver’s license - including the use of X (or gender-neutral or nonbinary), when applicable by state. Some states, such as Tennessee, Oklahoma, and Montana, completely bar transgender individuals from updating their legal documents, while many others require individuals to have specific medical procedures or sterilizations to change their documents. However, Illinois’ passage of HB 5507 allows transgender residents who were born in states where gender updates are not legal to update their information through Illinois.
In Illinois, you can change your legal name for almost any reason, as long as it is not for illegal or fraudulent purposes. Anyone can file to update their legal name or gender marker without the professional help of a lawyer. If you would like assistance in legally changing your name or marker, please ask a Rainbow Cafe LGBTQ Center staff person for general guidance or our Trans Legal Open Hours. Similarly, Illinoisans are allowed to change their gender marker (including the use of the gender-neutral option X) through self-affirmation and no longer require medical documentation or specific medical procedures to do so.
To change your name in Illinois:
🏳️⚧️GENDER-AFFIRMING CARE | LEGAL
Like all transgender rights, gender-affirming care varies greatly by state jurisdiction. There are no federal protections for transgender individuals regarding gender-affirming medical care. Some states, such as Missouri and Florida, restrict gender-affirming care for adults as well as minors. Many states are imposing restrictions on gender-affirming care, such as requiring individuals to complete a set number of hours in clinical therapy. Other states are banning and criminalizing the prescription of gender-affirming care.
Illinois considers itself a safe haven for gender-affirming care. The Gender-Affirming Health Care Act prevents Illinois from helping other states prosecute and penalize people for seeking or receiving gender-affirming services. Gender-affirming care is considered lawful health care under Illinois law, and Illinois cannot arrest or extradite individuals for gender-affirming care as approved by the World Health Organization. Additionally, gender-affirming care (such as HRT or surgery), when deemed medically necessary for the emotional health of the individual, must be covered in all Illinois health insurance plans, Medicaid, and Medicare. Additionally, health insurance cannot refuse you, cancel your coverage, or charge higher rates because you are transgender, or deny care coverage typically associated with one gender. Gender-affirming care has no age requirement as imposed by the state - any age may seek and receive medical gender-affirming services as long as they find a licensed provider. Non-medical gender-affirming services (ex. binding, tucking, presenting) have no limitations in any regard. For additional information on trans-related medical rights, go to transhealthproject.org.
The one exception to trans-related medical coverage is insurance given by the Veterans Health Administration or TRICARE, which provides coverage for some (but not all) transition-related care. In February 2024, the Veterans Administration issued a final ruling that it would not cover gender-affirming surgery.
HB 3552 gives transgender Illinoisans the right to specify their gender identity and pronouns in funeral and burial instructions.
Transgender people are fully covered in all discrimination legislation in Illinois, which prohibits discrimination based on gender identity. This means that healthcare providers are not allowed to discriminate against transgender patients - although, under religious exemption, providers are allowed to refuse care to transgender individuals. However, Illinois’ religious exemption laws maintain that providers that turn away transgender clients must still refer them where to get care.
🚽BATHROOMS & PUBLIC SPACES | LEGAL
Bathroom bills refer to legislation that aims to redefine access to public restrooms, often by banning transgender individuals or defining restrooms to be used by the sex assigned to them at birth - regardless of current identity, transition, or safety risk. Like most transgender rights, there are no federal laws regarding restrooms, locker rooms, or public spaces. For the purpose of this section, public spaces (and all of the laws that reference them) are any facilities that are used by the general public - regardless of whether they are owned by a public or private entity.
Illinois gives everyone the right to use the restroom of their choice based on their gender identity. Businesses, organizations, parks, and every other entity that serves the public cannot deny access to a public restroom. They are not legally allowed to ask for “proof” of identity, such as a driver’s license, ID, birth certificate, or bodily anatomy.
All single-use restrooms in Illinois must be gender-neutral, according to Illinois law in 2021. However, multi-stall gender-neutral restrooms are still banned in Illinois.
Illinois has no laws prohibiting public drag performances or crossdressing - although some local city ordinances like Harrisburg regulate such performances to 18+ venues.
Public space discrimination legislation also protects your right to contact government officials, regardless of party affiliation. Government officials must be willing to talk and listen to you, regardless of sexual orientation, gender identity, or political party.
🏀SPORTS | LEGAL
The legal right to participate in competitive sports (amateur or professional) varies by state legislation. There are no federal protections for LGBTQIA+ people’s right to sports outside of education - non-academic sports uphold their own policies based on organizational beliefs and state law. However, while in school, the US Department of Education has stated that LGBTQIA+ students are protected under Title IX since sex discrimination affects gay transgender students. However, the Supreme Court decided in the 2024 overturn of Chevron USA Inc. v. Natural Resources Defense Council that transgender students are not inherently included in federal Title IX protections. Transgender individuals’ access to sports, especially in school, is a hot-button topic in constant legal fluctuation.
In Illinois, transgender students have the right to participate in school athletics consistent with their gender identity - including competitive sports, non-competitive school clubs, physical education classes, etc. For non-competitive athletics, schools do not have the right to ask students to prove their gender identity or require medical evidence of transition. Transgender students participating in competitive athletics must be approved by the IHSA or IESA, depending on grade level. State officials may request medical documentation and information (which will be kept confidential) to determine student placement in gender-segregated competitive sports while making their decision. All LGBTQIA+ students in Illinois maintain their right to not be discriminated against or bullied.
INTERNATIONAL OLYMPIC COMMITTEE
As of 2021, individual sports determine the guidelines on whether transgender athletes can compete. If athletes qualify under their sports guidelines, they are qualified to compete in the Olympics - however, each sports federation has the power to create their own policies regarding transgender inclusion.
In 2015, the IOC created the International Olympic Committee Transgender Policy - a set of policies still used by many sports federations and leagues today, even after the 2021 update. The 2015 IOC Transgender Policy states that all transgender and nonbinary athletes are welcome to compete, are not required to have any specific surgeries, and are not required to have their legal gender changed on government documents to compete as their gender identity. The 2015 IOC Transgender Policy has no limitations or qualifications for transgender men to compete but requires transgender women to demonstrate their total testosterone level in serum has been below 10 nmol/L for at least 12 months before their first competition and must maintain those levels during the competition.
🏃CROSSFIT
As of 2019, CrossFit allows transgender athletes to compete in competitive events such as the CrossFit Games. To do so, athletes must have legally changed their gender to correspond with their gender identity. While no additional requirements are enforced on transgender men in CrossFit, transgender women must additionally demonstrate their total testosterone level in serum has been below 10 nmol/L for at least 12 months before their first CrossFit competition and must maintain those levels during the competition.
⚾MAJOR LEAGUE BASEBALL
While Major League Baseball has a strong harassment policy that includes sexual orientation and gender identity, MLB players must be assigned male at birth to compete, and does not have any exceptions for transgender athletes. Other baseball and softball leagues are more lenient regarding transgender competitors, such as Minor League Baseball.
🏏MAJOR LEAGUE CRICKET
In 2023, the International Cricket Council announced that transgender players are ineligible to play competitively. Technically, the ICC stated that any/all transgender women who have gone through male puberty are banned from competing, but MLC is unaccommodating to transgender athletes as a whole. Only one transgender athlete, Danielle McGahey, was able to compete before the rule change by the ICC.
🏉MAJOR LEAGUE RUGBY
While the International Gay Rugby League includes and supports transgender players, World Rugby does not allow transgender women to compete in any capacity. Transgender men may play in World Rugby-affiliated games only if they can provide adequate medical documentation proving their transition. On the other hand, USA Rugby uses the 2015 International Olympic Committee Transgender Policy regarding transgender players.
⚽MAJOR SOCCER LEAGUE
There are no set policies regarding transgender MSL players. However, MSL policy would likely follow either the practices done by Major League Baseball or the 2015 International Olympic Committee Transgender Policy. Similarly, no set policies have been made in other soccer leagues such as FIFA - although this is not the case for the NWSL, as detailed in its section.
The US Soccer Federation, which oversees American competitors seeking to compete in the Olympics, openly allows for transgender players as long as they can submit sufficient documentation that their gender identity matches legal or medical standards.
🚗NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING
There are no specific rules or policies that limit transgender racers from competing in professional races like NASCAR, Formula 1, the Grand Prix, etc. since races are not sex-segregated. While not common, transgender racers are welcome to participate - such as former motorsports champion Terri Leigh O’Connell.
🏀NATIONAL BASKETBALL ASSOCIATION
The NBA has no policies barring transgender athletes. In fact, anyone regardless of gender identity can compete in NBA games if they have the necessary skill. The NBA and WNBA are accepting of LGBTQIA+ players, unlike the NCAA and NAIA.
🏈NATIONAL FOOTBALL LEAGUE
The NFL has no policies barring transgender athletes, meaning that transgender players are technically able to compete within the National Football League. However, it is extremely unlikely since NFL players are selected from college teams - which generally do not allow transgender players.
🏒NATIONAL HOCKEY LEAGUE
Similar to the National Basketball Association, there are actually no gender limitations on who can compete in the NHL if they have the skill set to play competitively. This means that transgender players, as well as cisgender women, can play in the NHL. Only three cisgender women have come close: Manon Rheaume, Hayley Wickenheiser, and Kendall Coyne.
USA Hockey, the national federation presiding over American Olympic competitors, largely consists of co-ed programs that are not restricted by gender. In 2019, USA Hockey decided that transgender individuals (men, women, and nonbinary individuals) can continue to compete in their non-restricted co-ed programs. Players may compete in sex-segregated programs such as Men's Hockey or Girls’ Competitive Hockey by providing documentation of at least one year of HRT or puberty blockers.
🥍NATIONAL LACROSSE LEAGUE
The NLL openly says that transgender players are allowed to compete since inclusion is a core principle of their sport. Generally, transgender athletes who play in gender-segregated leagues are expected to compete in the league that corresponds with their gender identity and medical transition - although specific leagues may have requirements regarding documentation.
⚽NATIONAL WOMEN’S SOCCER LEAGUE
In 2021, the NWSL released its current guidance regarding transgender players, which states while transgender men are ineligible to compete in the NWSL after beginning HRT, transgender women are eligible to compete under the 2015 International Olympic Committee Transgender Policy.
🏐PRO VOLLEYBALL FEDERATION
PVF, which is the leading professional volleyball league in the United States, does not have any explicit guidance regarding transgender players.
USA Volleyball, the national federation presiding over American Olympic competitors, updated its policy in 2021 to require all transgender players ages 13 and older to submit lab reports of their testosterone levels to be considered.
⛳PROFESSIONAL GOLFERS’ ASSOCIATION OF AMERICA
The PGA allows transgender players to compete in professional golf if they submit proof of their current gender status - such as proof that they have legally changed their gender or are on HRT. However, leagues outside of the PGA (such as the NXXT) may have their own rules that limit transgender competitors.
The US Golf Association still enforces the outdated 2003 International Olympic Committee Stockholm Consensus, which requires transgender players to have genital surgery in order to be considered eligible to compete.
🏒PROFESSIONAL WOMEN’S HOCKEY LEAGUE
The PWHL (also known as the Premier Hockey League) held that transgender players are entitled to compete and are not required to have certain surgeries or legal documents to play. Instead, transgender women are eligible to play if they have been “living in their transgender identity for a minimum of two years,” transgender men are eligible if they are approved to use testosterone by the PWHL/PHL, and nonbinary individuals are eligible to compete if they fall into either of the above categories.
🥊ULTIMATE FIGHTING CHAMPIONSHIP
The UFC holds the 2015 International Olympic Committee Transgender Policy regarding transgender athletes’ eligibility to compete in professional fighting. Transgender fighters are subject to strict testosterone monitoring during competitions, along with other drug tests administered to all fighters.
🥏ULTIMATE FRISBEE ASSOCIATION
While the UFA does not have any explicit policies regarding whether transgender athletes can compete, USA Ultimate has one of the most inclusive policies in competitive sports. Players self-attest their gender and category as being in the men’s, women’s, or mixed division.
🏀WOMEN’S NATIONAL BASKETBALL ASSOCIATION
The WNBA has no policies barring transgender athletes, as long as they have the skills necessary to compete in the WNBA. However, very few transgender players have made it to the Women’s National Basketball Association - the only trans player of note so far is Layshia Clarendon with the Indiana Fever. This is in contrast to the NCAA and NAIA, which have written rules regarding transgender players. The National Collegiate Athletics Association requires players to submit medical documentation with suppressed testosterone levels at specific points during the season, while the National Association of Intercollegiate Athletics flat-out bans transgender players from competing in NAIA sports after beginning medical transition.
🥊WORLD BOXING ASSOCIATION
The World Boxing Council decided in 2022 that transgender athletes in the WBA compete separately from cisgender men and women, and instead utilize a new and separate transgender division. Due to this ruling, transgender fighters are banned from playing in cisgender divisions.
USA Boxing, the national federation presiding over American Olympic competitors, enforces the outdated 2003 International Olympic Committee Stockholm Consensus, which requires transgender players to have genital surgery in order to be considered eligible to compete. Additionally, USA Boxing requires transgender competitors to have legally changed their gender and have medical documentation of their HRT.
🥋WORLD KARATE FEDERATION
The WKF has no explicit policies regarding transgender competitors, leaving tournament regulations up to the discretion of individual tournaments and schools. As a general rule, transgender people are openly welcomed to compete as long as they compete fairly as their gender identity.
Since 2017, USA Karate, the national federation presiding over American Olympic competitors, has used the 2015 International Olympic Committee Transgender Policy.
👮PRISON | VARIES
There are very few federal or state laws that protect prisoner rights, regardless of sexual orientation or gender identity. Some of the most important rights that incarcerated individuals maintain include the Eighth Amendment, Equal Protection Clause, Prison Rape Elimination Act of 2003, and other federal civil rights laws like Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act, and the Rehabilitation Act. All of the rights listed below are federal rights given to all prisoners in the United States since there are little to no additional protections given to Illinois prisoners.
Prison officials have a legal obligation to refrain from excessive force under the Eighth Amendment, as well as a duty to protect prisoners from assault by other prisoners. Officers may only use force in good faith to keep order, and can be considered in violation of the Eighth Amendment if they fail to prevent an assault they knew a risk of or by not keeping safe practices/prison conditions.
Federal prisons provide special protections for religious exercise. If a policy, rule, or practice interferes with a prisoner’s ability to practice religious beliefs, the prison must give substantial proof that those policies, rules, or practices are necessary for the prison’s safety or health. If they cannot, officials must provide religious accommodation to allow prisoners to practice their faith - which can include specific diets, worship services, access to clergy, clothing, grooming practices, etc. Prison officials are not allowed to impose religious beliefs or practices on prisoners.
Prisons must provide medical and health services to prisoners since not doing so for any individual in State custody constitutes cruel or unusual punishment. In fact, incarcerated people are currently the only group in the United States with a constitutional right to health care.
You maintain your right to have (or not have) an abortion while incarcerated. Additionally, you have the right to prenatal and other medical care regarding pregnancy and postpartum care. Prisons cannot force you to pay before giving you necessary medical care, and cannot force you to be sterilized or take birth control. While it varies by state law, Illinois prohibits the use of shackles, leg irons, or waist shackles on pregnant prisoners in labor.
Prisoners with disabilities also maintain their full rights regarding their disability while incarcerated under the Americans with Disabilities Act and the Rehabilitation Act of 1973. Any federal, state, or local agency that receives federal funds must adhere to these laws. Prisons must provide inmates with equal opportunity and access to programs and services for which they are qualified. Officials must house prisoners at the correct security level with reasonable modifications to policies and procedures for safe, appropriate housing. Officials must also give necessary auxiliary aids and services such as sign language interpreters, captioning, videophones, readers, Braille, and audio recordings, as well as other medical devices such as wheelchairs and canes. However, prisons are not required to provide accommodations that impose undue financial and administrative burdens and are allowed to discriminate if a disabled prisoner’s participation would pose a significant safety risk or direct threat to others that cannot be mitigated.
Prisoners have the general right to receive books, magazines, and newspapers by mail, although they are subject to restrictions. Prison authorities may decide to censor publications for prison safety or security reasons, but are not allowed to reject material because they politically disagree with it. Further, prisons may not censor material solely because it contains information downloaded from the internet. Officials cannot prevent individuals from outside the prison system from sending you books, magazine subscriptions, or mail, and both you and the sender have the right to be notified if incoming mail will be censored or rejected - and officials must give substantial reason behind their decision. Prison officials have the right to inspect and open non-privileged mail, such as letters from loved ones. However, officials may only inspect privileged or protected mail for contraband, and cannot be read without a warrant.
Prison staff are legally required to protect you if you inform them you are LGBTQIA+ and/or believe you are at risk. The Prison Rape Elimination Act requires prisons and jails to make individualized housing placements for all transgender and intersex prisoners - including when assigning them to male or female facilities. The prisoner’s own personal view regarding their safety must be taken into serious consideration when making these decisions.
While prisons may place transgender prisoners in solitary confinement to protect them from violence, the Prison Rape Elimination Act prohibits such use of solitary for over 30 days without the explicit consent of the prisoner. While in protective solitary, prisoners must still have access to programs, privileges, education, and work opportunities to the extent possible. Prison staff must evaluate prisoners for gender dysphoria within a reasonable time if requested, and medical treatment for gender dysphoria should be delivered according to accepted medical standards. Blanket bans on specific types of treatments, such as HRT or surgery, are unconstitutional. Prison staff must allow you to generally use gender-appropriate clothing and grooming supplies, allowing you to present consistently with your gender identity. The Prison Rape Elimination Act also requires officials to grant transgender and intersex inmates access to private showers, if requested. Staff cannot conduct strip and pat-down searches to assess your genitals - staff must be trained to conduct searches on transgender and intersex inmates in the least intrusive manner possible and not violate your privacy rights.
⚧️INTERSEX | LEGAL
Although intersex people are not often explicitly included in legislation, the same laws that protect against discrimination and harassment based on sexual orientation and gender identity also apply to intersex individuals. Since Illinois law prohibits harm based on both sexual orientation and gender identity, intersex people are entirely protected under state law. Additionally, intersex traits have been included within the Affordable Care Act and US Department of Health and Human Services since 2016. Intersex people are also protected under the Americans with Disabilities Act as well as Title IX.
There are no US states that prohibits non-consensual medical interventions or surgeries on intersex infants. Medical professionals have the right to perform “normalizing” genital surgeries on intersex infants - with or without the express consent and knowledge of the parents and often coerce/pressure parents into agreeing to treatment on intersex newborns. Since 1996, the American Academy of Pediatrics have held to the statement that such surgeries and interventions are necessary for the benefit of intersex people.
Federally, the US Department of State will issue nonbinary or “X” passports for intersex or nonbinary individuals seeking to have their documents corrected and aligned. Since 2022, the United States issues passports as either male, female, or X by self-determination. Illinois is one of 22 states that include X on identification documents such as driver licenses, identification cards, and birth certificates.
🗳️VOTING
To register to vote in Illinois, you must:
In Illinois, you only lose your right to vote if you are currently incarcerated for a criminal conviction - regardless of the conviction type (misdemeanor or felony). After release, you immediately regain your right to vote. Pretrial detention, probation, and parole do not restrict your voting rights. To learn more about state voting laws regarding criminal charges, visit justice.gov/crt/media/1332106.
Illinois has no disability-related restrictions on voting, unlike most of the United States. Intellectual disabilities, physical disabilities, and mental illness - including Autism - do not limit your ability to vote in Illinois. You maintain your right to vote even if you are not able to vote in person due to being in a mental institution or group home.
Where/When Can I Vote?
Your polling place is the physical location where you go to vote in local, state, and federal elections. To find your polling place, go to ova.elections.il.gov or ova.elections.il.gov/RegistrationLookup.aspx.
In-person voting is only available at polling locations from 6 AM to 7 PM on Election Day. Due to the number of bad actors that purposely misinformed voters about elections, when to vote, and their rights, you can report incidents with the Illinois State Board of Education at elections.il.gov. Your polling location is determined by your local election office based on your address - you cannot change your polling location on your own without updating your voter registration. If you try to vote somewhere other than your assigned polling place, your vote may not count.
You can not vote online. You can vote by mail, also known as absentee voting. You do not need a reason or excuse to vote absentee in Illinois and may request to vote absentee no more than 90 days before the Election and at least one day before the Election. Voted ballots must be mailed in or hand delivered to an election authority, postmarked within two weeks of Election Day, to be counted.
What Do I Need to Bring to Vote?
For first-time voters, federal law requires you to bring an ID when you vote on Election Day if you registered by mail, online, or have otherwise not shown your ID when registering.
In Illinois, no form of ID is required to vote if you are already registered with your current address. Otherwise, you may need up to two forms of identification when arriving at your polling place - one of which must include your current address.
Accepted forms of identification include:
ELECTION AGENCIES
Illinois State Board of Elections | 217-782-4141 | 2329 S MacArthur Boulevard, Springfield
US Election Assistance Commission | 301-563-3919 | 633 3rd Street NW, Suite 200, Washington D.C.
Alexander County | 618-734-7000 | 2000 Washington Avenue, Cairo
Franklin County | 618-435-9800 | 901 Public Square, Benton
Gallatin County | 618-269-3025 | PO Box 550, Shawneetown
Hamilton County | 618-643-2721 | 100 S Jackson Street, McLeansboro
Hardin County | 618-287-2251 | PO Box 187, Elizabethtown
Jackson County | 618-687-7360 | 1001 Walnut Street, Murphysboro
Jefferson County | 618-244-8020 | 100 S 10th Street, Mount Vernon
Johnson County | 618-658-9665 | 117 N 5th Street, Vienna
Massac County | 618-524-5213 | 1 Superman Square, Metropolis
Perry County | 618-357-5116 | 3764 State Route 13/127, Pinckneyville
Pope County | 618-683-4466 | 310 E Main Street, Golconda
Pulaski County | 618-748-9360 | PO Box 118, Mound City
Randolph County | 618-826-5000 | 1 Taylor Street, Chester
Saline County | 618-253-8197 | 10 E Poplar Street, Harrisburg
Union County | 618-833-5711 | 309 W Market Street, Jonesboro
White County | 618-382-7211 | 323 E Main Street, Carmi
Williamson County | 618-998-2112 | 407 N Monroe Street, Marion
Voting: Know Your Rights
🗳️LGBTQIA+ Parties
Lavender Greens @ lavendergreens.net
National LGBTQIA+ caucus of the United States Green Party to promote LGBTQIA+ issues within the larger party and legislation.
Log Cabin Republicans @ logcabin.org
LCR is the national organization of the Republican Party that promotes equal rights for LGBTQIA+ Americans alongside Republican values.
Queer Democratic Socialists of America @ dsausa.org/working-groups/queer-socialists-working-group
National working group the coordinate LGBTQIA+ legislation, programs, and activities within the larger Democratic Socialists of America network.
Stonewall Democrats @ stonewalldems.org
Occasionally known as LGBT Democrats, the Stonewall Democrats are the national caucus within the Democratic Party that promotes issues relevant to LGBTQIA+ Americans alongside Democratic values.
Same-sex sexual activity has been federally decriminalized since 2003 when sodomy laws were ruled unconstitutional by the Supreme Court in Lawrence v. Texas. As a result, all anti-sodomy laws in the United States were rendered unenforceable regarding private, consensual settings. Same-sex sexual activity has been legal in Illinois since 1962 when Illinois became the first US state to repeal its sodomy laws.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity. In Illinois, this law is the Illinois Domestic Violence Act.
🔞AGE OF CONSENT | LEGAL
Since 2012, the age of consent in Illinois has been 17 years old when the Illinois Compiled Statute was amended by 720 ILCS 5. The US federal government does not have any laws regarding the age of consent, so the age of consent varies by state. Additionally, there are no added requirements or different ages of consent in the US based on the type of sexual behavior - in some countries, the age of consent is different for cisgender heterosexual sex than it is for LGBTQIA+ activities (ex. Chili, 2019. Age of consent for cisgender heterosexual relations = 14; age of consent for LGBTQIA+ relations = 18)
Illinois’ age of consent is raised to 18 if one of the individuals has a “position of authority or trust” over the victim. Positions of authority often include teachers, coaches, supervisors, coaches, church leaders, babysitters, tutors, etc.
Illinois does not have a close-in-age exemption, commonly known as a “Romeo and Juliet law.” In other states, close-in-age exemptions legally protect couples that are similar in age (ex. a 16-year-old and a 17-year-old) - however, in Illinois, no such exemptions exist. In the event that a 16-year-old and a 17-year-old had sex in Illinois, the 17-year-old could be charged as a sex offender related to child abuse because the 16-year-old is under Illinois’ minimum age of consent. Alternatively, if two 16-year-olds had consensual sex in Illinois, they could both be charged with statutory rape under Illinois law.
Additionally, Illinois age of consent laws do not include sexting, or the act of sending sexually explicit messages, photos, or videos through a phone, app, email, webcam, or other digital device. In Illinois, the age to send and receive sexts is 18 even though the age of consent is otherwise 17. According to Illinois and federal law, mere possession of such materials is illegal - a person under the age of 18 can be charged with child pornography for having sexually explicit materials of themselves.
💍QUEER MARRIAGE | LEGAL
Same-sex, queer, or gay marriage has been federally legalized in the United States since 2015 through the Supreme Court decision in Obergefell v. Hodges. All states must issue marriage licenses for same-sex couples and recognize same-sex marriages performed in other states. Queer marriage has been legal in Illinois since 2013 via SB 10 and gender-neutral marriage certificates have been legally approved in Illinois since 2021 through SB 139.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity. In Illinois, this law is the Illinois Domestic Violence Act.
👪FAMILY | (MOSTLY) LEGAL
Married same-sex couples were given all of the benefits awarded to different-sex couples when same-sex marriage was legalized in Obergefell v. Hodges. This includes medical decision-making authority, stepparent adoption, and joint adoption. However, Illinois does not recognize confirmatory adoption or voluntary acknowledgment of parentage (VAP), which means partners must be married or have a civil union to have family benefits in Illinois.
Nondiscrimination in adoption, foster care, and other family services is not protected at the federal level. However, Illinois prohibits such discrimination against LGBTQIA+ couples seeking family services. According to the Illinois State Bar Association, any single or divorced person, or couple (unmarried, married) can adopt a child in Illinois if they are deemed fit, according to 750 Ill. Comp. Stat § 50/2, 653 N.E.2d 888 (Ill. App. Ct. 1995), and 750 Ill. Comp. Stat. 80/10. However, Illinois prohibits adoption for individuals convicted of violent crimes like rape, sexual assault, or homicide; people convicted of child abuse, neglect, and other crimes against children; and partially prohibits those convicted of physical assault, battery, or drug-related offenses up to five years after the incident. Illinois also prohibits adoption for people who have lived in Illinois for less than six months as well as anyone who has a legal disability - such as HIV/AIDS, Autism, Diabetes, Deafness, blindness, cerebral palsy, and many others listed under the Americans with Disabilities Act (ADA).
The United States gives US citizenship to biological children of current US citizens, whether their citizenship is by birth or naturalization. However, this disproportionally affects same-sex couples whose children are born overseas and therefore unable to obtain their own citizenship.
Transgender individuals are not automatically covered in the protections given to same-sex couples. Illinois maintains that gender gives no preference in determining custody, however, there are no state or federal laws that explicitly protect transgender parents’ right to their children and custody. Generally, custody is determined based on the “fitness” a parent has to raise a child. Since being transgender cannot be shown to harm a child and their upbringing, custody, and visitation shouldn’t be determined based on this. However, this is not always the case since courts may attempt to discriminate based on “mental or social harm” to the child.
LGBTQIA+ couples also have the legal right to in vitro fertilization (IVF), and IVF services are protected in Illinois under the 2019 Illinois Reproductive Health Act. In 2019, Illinois added legal protections for LGBTQIA+ families to access infertility services through healthcare insurance through HB 3709. Lastly, gestational surrogacy contracts are deemed legal via the Illinois Gestational Surrogacy Act, which gives LGBTQIA+ families the option to pursue surrogacy.
🤫CENSORSHIP | ILLEGAL
There are no laws that prohibit, limit, or censor LGBTQIA+ issues, identities, and discussions at any level - including in public schools.
Illinois mandated the teaching of LGBTQIA+ history in public schools in 2019 via HB 246 or the Inclusive Curriculum Law and amendment of the Illinois School Code regarding US History requirements upon graduation. While Illinois public schools are not required to teach sex education, those that do are required to teach comprehensive medically-accurate material that aligns with the National Sex Education Standards that includes LGBTQIA+ issues and identities through the Illinois Keeping Youth Safe and Healthy Act. In 2023, Illinois became the first US state to ban discriminatory book bans through HB 2789, or book bans that bar content about LGBTQIA+ identities, people of color, and other politicized issues from public schools, libraries, and other buildings.
🏫EDUCATION | LEGAL
On a federal level, public school LGBTQIA+ students maintain their right to speak openly about their gender identity and sexual orientation under the Freedom of Speech, as well as the ability to freely express themselves and form LGBTQIA+ student-led organizations like GSAs (Gay-Straight or Gender-Sexuality Alliances) through the Equal Access Act of 1984 and the Supreme Court decision in 1969 on Tinker v. Des Moines. LGBTQIA+ student organizations must have the same access and opportunities given to other student organizations at school.
Public schools cannot enforce dress codes that require students to dress based on their biological or assumed sex and must allow students to wear any option of available dress code uniforms, if available, under Title IX of the Education Amendments of 1972. Similarly, public schools that allow students to wear clothing with written messages (such as on T-shirts) must equally allow clothing that promotes LGBTQIA+ topics, as supported by the 2012 case Couch v. Wayne Local School District.
Public schools may only censor free speech if it is considered verbally abusive or harassing; promotes illegal drug use or is lewd/profane; or will cause actual, substantial disruption to the school’s operation that the school can factually prove. While LGBTQIA+ issues may be controversial, they are not disruptive - as proven by Hatcher v. DeSoto County Board of Education. Other students being disruptive because of a GSA does not qualify the GSA as disruptive - Nabozny v. Podlesny, Flores v. Morgan Hill Unified School District, and Romer v. Evans established that schools must take disciplinary action on the harassers since federal courts have stated “there is no constitutional right to be a bully” and there is no “heckler’s veto” regarding the law.
Through the Prevent School Violence Act of Illinois, Illinois requires all public school teachers, faculty, and other school personnel to intervene when witnessing all forms of bullying, harassment, and other forms of discrimination - and especially anti-LGBTQIA+ bullying. PA 96-0952, PA 98-669, and PA 98-801 require Illinois public schools to stop, report, and prevent all forms of harassment on school grounds, at school functions, and in online school spaces. Additionally, intentionally or purposely misgendering transgender and nonbinary students is considered harassment under the Prevent School Violence Act, and schools have a duty under Illinois law to use chosen names and pronouns.
Illinois public schools must maintain a permanent student record of one’s legal name and gender, but schools are allowed to use any name or information on other school documents outside of their permanent record - such as student IDs, rosters, emails, uniforms, etc. Legal notice or court order is not required under Illinois law to change these documents outside of one’s permanent record. The Illinois State Board of Education does not require parental consent to update student information, such as one’s name or gender marker, meaning that all public schools that use ISBE systems do not need parental permission to update this information. Schools that use systems other than ISBEs may have different requirements. Even if you cannot change your name and pronouns in the school system, Illinois public schools must address you by your affirmed identity. According to the Illinois State Board of Education in 2020, refusing to do so violates student confidentiality and safety. Lastly, all Illinois schools must allow students the ability to change their name regardless of how old their systems are - a task being difficult or complicated does not warrant denying you.
Transgender and nonbinary students have the right to use whichever restroom that aligns with their gender identity within Illinois public schools. Illinois schools may build gender-neutral restrooms but are not allowed to require transgender students to use them since it violates the EAA. If a school has gender-neutral restrooms, they must be equal in accessibility and function to gendered bathrooms. The Illinois Human Rights Act, Title IX, and Whitaker v. Kenosha Unified School District give transgender students the right to use the gender-segregated bathroom and locker room of their chosen gender. Schools are not allowed to require students to “prove” their gender, or require legal or medical proof to use certain facilities.
LGBTQIA+ students have the same federal rights to school functions as their cisgender heterosexual counterparts, as proven by the 1980 case Fricke v. Lynch. Schools must protect their students’ right to attend dances, games, and other school events and cannot limit LGBTQIA+ couples more heavily on affection than other students.
The Family Educational Rights and Privacy Act and Illinois Student Records Act require Illinois public schools to keep your sexual orientation, gender identity, and other information confidential. Students are in charge of how “out” they may be, and teachers cannot share information with other students, teachers, parents, etc. about your identity. However, your parents and/or legal guardians have the right to access your school records until you graduate from high school.
Illinois mandated the teaching of LGBTQIA+ history in public schools in 2019 via HB 246 or the Inclusive Curriculum Law and amendment of the Illinois School Code regarding US History requirements upon graduation. While Illinois public schools are not required to teach sex education, those that do are required to teach comprehensive medically-accurate material that aligns with the National Sex Education Standards that includes LGBTQIA+ issues and identities through the Illinois Keeping Youth Safe and Healthy Act. Illinois also prohibits “No Promo Homo” policies or the censorship of LGBTQIA+ topics in public schools. Under the EAA, schools must allow students equal access to online resources - including LGBTQIA+ resources. Illinois schools cannot block websites that would be otherwise allowed for non-LGBTQIA+ students, like campuspride.org, rainbowcafe.org, glsen.org, or gsanetwork.org. Lastly, in 2023, Illinois became the first US state to ban discriminatory book bans through HB 2789, or book bans that bar content about LGBTQIA+ identities, people of color, and other politicized issues from public schools, libraries, and other buildings.
👔EMPLOYMENT | LEGAL
As of 2020, sexual orientation and gender identity have been included within federal anti-discrimination policies for “sex-related discrimination” under the Civil Rights Act of 1964. Additionally, the US Equal Employment Opportunity Commission has held a federal ban on sex discrimination that includes LGBTQIA+ people. However, the United States federal government does not explicitly include national protections or legislation for sexual orientation or gender identity outside of the Supreme Court’s decision in 2020.
Since 2006, Illinois has explicitly banned anti-LGBTQIA+ discrimination through the Illinois Human Rights Act. The Act protects against discrimination in employment, housing, financial credit, and public accommodations. This includes discrimination in hiring, firing, promotions, discipline, training, work assignments, pay, benefits, and other terms of employment, regardless of employer type (ex. private, public, government, etc.)
Illinois has required corporate boards to self-report LGBTQIA+ inclusion and quotas.
✝️RELIGIOUS EXEMPTION | LEGAL
Religious exemption or religious freedom laws refer to policies that allow individuals to refuse products and services based on moral objections, typically concerning LGBTQIA+ issues, abortion, and euthanasia. Opponents of religious exemption policies are often referred to as religious refusal bills, bigot bills, or licenses to discrimination due to how said legislation allows individuals and businesses to openly express prejudice and discrimination. These laws often allow legal discrimination in healthcare services, insurance coverage, marriage licenses, employee benefits, etc.
In 2023, the United States Office of Federal Contract Compliance Programs published a revision to the Trump-era Executive Order 11246 and the White House Faith and Opportunity Initiative from 2018, which previously allowed religious exemption to all employers in the country. Through the revision, discrimination through religious exemption is not allowed but allows religious employers to prefer individuals who also follow their particular faith.
Illinois has broad religious exemption laws (also known as RFRAs), which permit individuals, non-profit organizations, and corporations to seek exemptions from Illinois state laws under the belief that LGBTQIA+ inclusion violates their religious beliefs. Specifically, Illinois’ RFRAs allow for an exemption for medical healthcare providers (such as doctors, nurses, pharmacists, and other professionals) to refuse care to LGBTQIA+ clients. These laws also contain refusal for immunizations, such as the COVID-19 vaccine.
🏘️HOUSING | LEGAL
The Fair Housing Act gives federal protection from anti-LGBTQIA+ discrimination, which includes discrimination based on gender identity and sexual orientation under the United States Department of Housing and Urban Development’s definition of sex-related discrimination through the Supreme Court’s decision in Bostock v. Clayton Cty.
Since 2006, Illinois has explicitly banned anti-LGBTQIA+ discrimination through the Illinois Human Rights Act. The Act protects against discrimination in employment, housing, financial credit, and public accommodations. Within housing, Illinois protects LGBTQIA+ people and their ability to rent and buy housing, as well as protects them from being unfairly evicted or denied housing. Further, housing providers cannot deny your use of certain building facilities, even if those facilities are gender-segregated.
While there are no federal protections regarding credit and lending, Illinois additionally explicitly protects LGBTQIA+ people from credit and lending discrimination.
🪖MILITARY | LEGAL
The United States military has allowed LGBTQIA+ individuals to serve openly since 2011 through the repeal of Don’t Ask Don’t Tell (DADT). Additionally, transgender service members have been allowed to openly serve in all military branches since 2021 through the repeal of Trump’s ban on transgender military members in 2017. LGBTQIA+ service members and veterans are entitled to the same benefits and programs as cisgender heterosexual service members and veterans.
In 2021, Illinois restored the benefits of Illinois-based service members who were discharged for being LGBTQIA+ before the 2011 repeal of DADT, similar to laws in Connecticut, Rhode Island, California, Nevada, and New York.
💔CONVERSION THERAPY | ILLEGAL
Conversion therapy refers to the pseudo-scientific practice of attempting to change someone’s sexual orientation, gender expression, or gender identity - especially to align with heterosexual cisgender stereotypes.
There are no federal laws regarding conversion therapy in the United States, although many attempts to enforce and ban conversion therapy have been made.
In Illinois, conversion therapy has been prohibited from being forced on minors since 2016. The Youth Mental Health Protection Act does not protect individuals ages 18 or older from forced conversion therapy. Additionally, Illinois does not prohibit voluntary conversion therapy for any age - if an Illinois minor agrees to undergo conversion therapy, it is considered legal. Since 2017, conversion therapy provided for free or private religious counseling with a pastor is not considered illegal under the Youth Mental Health Protection Act since it is not a traditional “trade or commerce.”
🤕HATE CRIME PROTECTION | LEGAL
Also known as bias crime laws, hate crime laws protect crimes motivated by feelings of opposition or hostility against a protected class, such as race, color, religion, or national origin. In 2009, the Matthew Shepard Act was signed and prohibited hate crimes based on gender, gender identity, sexual orientation, and disability.
Illinois has had hate crime legislation banning crimes motivated by actual or perceived sexual orientation since 1991 via 720 ILCS 5/12-7.1. In 2015, Governor Bruce Rauner signed HB 3930 to add gender identity to Illinois’ hate crime statute.
Additionally, gay/trans panic defenses are strategies, where a defendant argues against assault and murder, charges that they were prompted to attack or kill a LGBTQIA+ person on the basis they were so angry or scared of said LGBTQIA+ that they were driven temporarily insane. There are no federal bans from the use of gay/trans panic defenses in court, and the use of gay/trans panic defenses is legal in the majority of US states. However, Illinois has banned the use of gay and trans panic defenses since 2017 via SB 1761.
Illinois has included LGBTQIA+ identities as a prohibited ground of discrimination in jury selections since 2019.
🟥HIV/AIDS | LEGAL
The criminalization and rights regarding HIV (human immunodeficiency virus) vary widely by state. Some states criminalize HIV and its potential transmission due to the Ryan White CARE Act passed in 1990 which required states to place criminal regulations on HIV to remain eligible for federal funding. Since then, the US federal government no longer requires the criminalization of HIV since it has proven ineffective in reducing HIV transmission and disproportionately harms marginalized populations.
In 2021, Illinois fully repealed its HIV criminalization law through HB 1063 and SB 655. Other states prosecute the potential for HIV transmission (such as through sex) and donation of HIV-infected organs and blood with misdemeanors, and felonies, and may even require one to register as a sex offender.
HIV/AIDS is considered a disability under the Americans with Disabilities Act and therefore covers people living with HIV/AIDS from discrimination such as in the workplace, hiring process, housing, and other aspects of living. Employers are not allowed to ask you if you have a disability or medical condition, and persons living with HIV/AIDS are not legally required to tell their employer their HIV status - but may do so to get accommodation at work. Rather, employers may only ask about your ability to complete tasks on the job, such as heavy lifting, and may only deny hiring someone living with HIV if they can prove that your HIV status would pose a direct threat to others during routine job duties. Further, employers that know your HIV status must keep that information completely confidential under the Illinois AIDS Confidentiality Act and may only break confidentiality for medical emergencies or disability accommodation. Employers and healthcare insurance providers cannot discriminate against you simply because you have HIV and must provide you with the same coverage as other employees. However, Illinois does legally allow insurance companies to deny individual insurance to people living with HIV if they are applying for insurance without an employer.
Additionally, the ADA makes it illegal for medical providers to discriminate against people living with HIV or AIDS. Since providers should always use universal precautions on every patient they treat, there are no special protective equipment or procedures required to work on patients living with HIV.
The United States Fair Housing Act and Illinois Human Rights Act legally protect your right to health and safety at home. Landlords may not discriminate against people living with HIV and must make accommodations deemed medically necessary by your doctors.
🩸BLOOD DONATIONS | LEGAL
Prior to 2023, the United States had strict limitations on LGBTQIA+ people donating blood and completely barred individuals from donating based on their sexual orientation, regardless of their HIV status. However, in 2023, the US Food and Drug Administration removed its restrictions on sexual orientation-based blood donation and now enforces a standardized questionnaire to approve or deny anyone from blood donation by gauging HIV transmission risk.
Under the new policy through the FDA and American National Red Cross, anyone may donate blood as long as they have not had anal sex with any new or multiple sexual partners in the past three months and are not on HIV preventative medication such as PrEP or PEP. However, the current policy under the FDA still discriminates against polyamorous individuals since they are not allowed to donate blood even with committed, exclusive multiple partners.
At this time, people who are living with HIV or AIDS are not eligible to donate blood, even if their viral load is undetectable or untransmissible.
📜GENDER DOCUMENTS | LEGAL
Transgender rights vary greatly by state, especially regarding legal documents that reflect the correct chosen name and gender marker of the individual. There are no federal standards or legislation regarding legal documents and transgender people. Federal-level documents, such as passports, reflect the identity based on state identification, such as one’s birth certificate or driver’s license - including the use of X (or gender-neutral or nonbinary), when applicable by state. Some states, such as Tennessee, Oklahoma, and Montana, completely bar transgender individuals from updating their legal documents, while many others require individuals to have specific medical procedures or sterilizations to change their documents. However, Illinois’ passage of HB 5507 allows transgender residents who were born in states where gender updates are not legal to update their information through Illinois.
In Illinois, you can change your legal name for almost any reason, as long as it is not for illegal or fraudulent purposes. Anyone can file to update their legal name or gender marker without the professional help of a lawyer. If you would like assistance in legally changing your name or marker, please ask a Rainbow Cafe LGBTQ Center staff person for general guidance or our Trans Legal Open Hours. Similarly, Illinoisans are allowed to change their gender marker (including the use of the gender-neutral option X) through self-affirmation and no longer require medical documentation or specific medical procedures to do so.
To change your name in Illinois:
- You must be at least 18 years old. However, minors may change their legal name if their parents/legal guardians complete the necessary steps.
- You must have lived in Illinois for at least six months.
- You must not be currently serving a felony sentence and cannot have been previously convicted of identity theft or criminal sexual abuse without being pardoned. You can change your legal name if your felony sentence has been completed and was not related to identity theft or sexual abuse.
- Since 2023, identity theft does not completely bar individuals from legal name changes. Instead, individuals with identity theft convictions use the discretion of the judge overseeing their trial to determine their eligibility.
- BIRTH CERTIFICATE: Mail a completed and notarized Affidavit and Certificate of Correction Request to the Illinois Department of Public Health, a copy of an up-to-date government photo ID, and money to pay for the filing/processing fee. No other documentation, notes, or forms are required. In Illinois, you can self-attest your gender change - meaning you do not need a medical professional to sign off on your forms.
- DRIVER’S LICENSE/STATE ID: Go to an Illinois Secretary of State facility with your current driver’s license or state ID, as well as a completed Gender Designation Change form and money to pay for the filing/processing fee. No other documentation, notes, or forms are required.
- PASSPORT: Complete an application, and send proof of your US citizenship (such as a previous passport, birth certificate, certificate of naturalization, or report of birth abroad), proof of identity, recent 2x2 inch photograph of yourself, and money to pay for the filing/processing fee, bringing all of these items to a nearby Passport Acceptance Facility.
- SOCIAL SECURITY: Bring a completed Application for a Social Security Card to your local Social Security office, as well as standard identity documents. No other legal or medical evidence is necessary to update your documents.
- VOTER REGISTRATION: To update your voter registration, you will need to re-register with two forms of identification. At least one of the forms of identification must show that you reside within the voter's jurisdiction.
🏳️⚧️GENDER-AFFIRMING CARE | LEGAL
Like all transgender rights, gender-affirming care varies greatly by state jurisdiction. There are no federal protections for transgender individuals regarding gender-affirming medical care. Some states, such as Missouri and Florida, restrict gender-affirming care for adults as well as minors. Many states are imposing restrictions on gender-affirming care, such as requiring individuals to complete a set number of hours in clinical therapy. Other states are banning and criminalizing the prescription of gender-affirming care.
Illinois considers itself a safe haven for gender-affirming care. The Gender-Affirming Health Care Act prevents Illinois from helping other states prosecute and penalize people for seeking or receiving gender-affirming services. Gender-affirming care is considered lawful health care under Illinois law, and Illinois cannot arrest or extradite individuals for gender-affirming care as approved by the World Health Organization. Additionally, gender-affirming care (such as HRT or surgery), when deemed medically necessary for the emotional health of the individual, must be covered in all Illinois health insurance plans, Medicaid, and Medicare. Additionally, health insurance cannot refuse you, cancel your coverage, or charge higher rates because you are transgender, or deny care coverage typically associated with one gender. Gender-affirming care has no age requirement as imposed by the state - any age may seek and receive medical gender-affirming services as long as they find a licensed provider. Non-medical gender-affirming services (ex. binding, tucking, presenting) have no limitations in any regard. For additional information on trans-related medical rights, go to transhealthproject.org.
The one exception to trans-related medical coverage is insurance given by the Veterans Health Administration or TRICARE, which provides coverage for some (but not all) transition-related care. In February 2024, the Veterans Administration issued a final ruling that it would not cover gender-affirming surgery.
HB 3552 gives transgender Illinoisans the right to specify their gender identity and pronouns in funeral and burial instructions.
Transgender people are fully covered in all discrimination legislation in Illinois, which prohibits discrimination based on gender identity. This means that healthcare providers are not allowed to discriminate against transgender patients - although, under religious exemption, providers are allowed to refuse care to transgender individuals. However, Illinois’ religious exemption laws maintain that providers that turn away transgender clients must still refer them where to get care.
🚽BATHROOMS & PUBLIC SPACES | LEGAL
Bathroom bills refer to legislation that aims to redefine access to public restrooms, often by banning transgender individuals or defining restrooms to be used by the sex assigned to them at birth - regardless of current identity, transition, or safety risk. Like most transgender rights, there are no federal laws regarding restrooms, locker rooms, or public spaces. For the purpose of this section, public spaces (and all of the laws that reference them) are any facilities that are used by the general public - regardless of whether they are owned by a public or private entity.
Illinois gives everyone the right to use the restroom of their choice based on their gender identity. Businesses, organizations, parks, and every other entity that serves the public cannot deny access to a public restroom. They are not legally allowed to ask for “proof” of identity, such as a driver’s license, ID, birth certificate, or bodily anatomy.
All single-use restrooms in Illinois must be gender-neutral, according to Illinois law in 2021. However, multi-stall gender-neutral restrooms are still banned in Illinois.
Illinois has no laws prohibiting public drag performances or crossdressing - although some local city ordinances like Harrisburg regulate such performances to 18+ venues.
Public space discrimination legislation also protects your right to contact government officials, regardless of party affiliation. Government officials must be willing to talk and listen to you, regardless of sexual orientation, gender identity, or political party.
🏀SPORTS | LEGAL
The legal right to participate in competitive sports (amateur or professional) varies by state legislation. There are no federal protections for LGBTQIA+ people’s right to sports outside of education - non-academic sports uphold their own policies based on organizational beliefs and state law. However, while in school, the US Department of Education has stated that LGBTQIA+ students are protected under Title IX since sex discrimination affects gay transgender students. However, the Supreme Court decided in the 2024 overturn of Chevron USA Inc. v. Natural Resources Defense Council that transgender students are not inherently included in federal Title IX protections. Transgender individuals’ access to sports, especially in school, is a hot-button topic in constant legal fluctuation.
In Illinois, transgender students have the right to participate in school athletics consistent with their gender identity - including competitive sports, non-competitive school clubs, physical education classes, etc. For non-competitive athletics, schools do not have the right to ask students to prove their gender identity or require medical evidence of transition. Transgender students participating in competitive athletics must be approved by the IHSA or IESA, depending on grade level. State officials may request medical documentation and information (which will be kept confidential) to determine student placement in gender-segregated competitive sports while making their decision. All LGBTQIA+ students in Illinois maintain their right to not be discriminated against or bullied.
INTERNATIONAL OLYMPIC COMMITTEE
As of 2021, individual sports determine the guidelines on whether transgender athletes can compete. If athletes qualify under their sports guidelines, they are qualified to compete in the Olympics - however, each sports federation has the power to create their own policies regarding transgender inclusion.
In 2015, the IOC created the International Olympic Committee Transgender Policy - a set of policies still used by many sports federations and leagues today, even after the 2021 update. The 2015 IOC Transgender Policy states that all transgender and nonbinary athletes are welcome to compete, are not required to have any specific surgeries, and are not required to have their legal gender changed on government documents to compete as their gender identity. The 2015 IOC Transgender Policy has no limitations or qualifications for transgender men to compete but requires transgender women to demonstrate their total testosterone level in serum has been below 10 nmol/L for at least 12 months before their first competition and must maintain those levels during the competition.
🏃CROSSFIT
As of 2019, CrossFit allows transgender athletes to compete in competitive events such as the CrossFit Games. To do so, athletes must have legally changed their gender to correspond with their gender identity. While no additional requirements are enforced on transgender men in CrossFit, transgender women must additionally demonstrate their total testosterone level in serum has been below 10 nmol/L for at least 12 months before their first CrossFit competition and must maintain those levels during the competition.
⚾MAJOR LEAGUE BASEBALL
While Major League Baseball has a strong harassment policy that includes sexual orientation and gender identity, MLB players must be assigned male at birth to compete, and does not have any exceptions for transgender athletes. Other baseball and softball leagues are more lenient regarding transgender competitors, such as Minor League Baseball.
🏏MAJOR LEAGUE CRICKET
In 2023, the International Cricket Council announced that transgender players are ineligible to play competitively. Technically, the ICC stated that any/all transgender women who have gone through male puberty are banned from competing, but MLC is unaccommodating to transgender athletes as a whole. Only one transgender athlete, Danielle McGahey, was able to compete before the rule change by the ICC.
🏉MAJOR LEAGUE RUGBY
While the International Gay Rugby League includes and supports transgender players, World Rugby does not allow transgender women to compete in any capacity. Transgender men may play in World Rugby-affiliated games only if they can provide adequate medical documentation proving their transition. On the other hand, USA Rugby uses the 2015 International Olympic Committee Transgender Policy regarding transgender players.
⚽MAJOR SOCCER LEAGUE
There are no set policies regarding transgender MSL players. However, MSL policy would likely follow either the practices done by Major League Baseball or the 2015 International Olympic Committee Transgender Policy. Similarly, no set policies have been made in other soccer leagues such as FIFA - although this is not the case for the NWSL, as detailed in its section.
The US Soccer Federation, which oversees American competitors seeking to compete in the Olympics, openly allows for transgender players as long as they can submit sufficient documentation that their gender identity matches legal or medical standards.
🚗NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING
There are no specific rules or policies that limit transgender racers from competing in professional races like NASCAR, Formula 1, the Grand Prix, etc. since races are not sex-segregated. While not common, transgender racers are welcome to participate - such as former motorsports champion Terri Leigh O’Connell.
🏀NATIONAL BASKETBALL ASSOCIATION
The NBA has no policies barring transgender athletes. In fact, anyone regardless of gender identity can compete in NBA games if they have the necessary skill. The NBA and WNBA are accepting of LGBTQIA+ players, unlike the NCAA and NAIA.
🏈NATIONAL FOOTBALL LEAGUE
The NFL has no policies barring transgender athletes, meaning that transgender players are technically able to compete within the National Football League. However, it is extremely unlikely since NFL players are selected from college teams - which generally do not allow transgender players.
🏒NATIONAL HOCKEY LEAGUE
Similar to the National Basketball Association, there are actually no gender limitations on who can compete in the NHL if they have the skill set to play competitively. This means that transgender players, as well as cisgender women, can play in the NHL. Only three cisgender women have come close: Manon Rheaume, Hayley Wickenheiser, and Kendall Coyne.
USA Hockey, the national federation presiding over American Olympic competitors, largely consists of co-ed programs that are not restricted by gender. In 2019, USA Hockey decided that transgender individuals (men, women, and nonbinary individuals) can continue to compete in their non-restricted co-ed programs. Players may compete in sex-segregated programs such as Men's Hockey or Girls’ Competitive Hockey by providing documentation of at least one year of HRT or puberty blockers.
🥍NATIONAL LACROSSE LEAGUE
The NLL openly says that transgender players are allowed to compete since inclusion is a core principle of their sport. Generally, transgender athletes who play in gender-segregated leagues are expected to compete in the league that corresponds with their gender identity and medical transition - although specific leagues may have requirements regarding documentation.
⚽NATIONAL WOMEN’S SOCCER LEAGUE
In 2021, the NWSL released its current guidance regarding transgender players, which states while transgender men are ineligible to compete in the NWSL after beginning HRT, transgender women are eligible to compete under the 2015 International Olympic Committee Transgender Policy.
🏐PRO VOLLEYBALL FEDERATION
PVF, which is the leading professional volleyball league in the United States, does not have any explicit guidance regarding transgender players.
USA Volleyball, the national federation presiding over American Olympic competitors, updated its policy in 2021 to require all transgender players ages 13 and older to submit lab reports of their testosterone levels to be considered.
⛳PROFESSIONAL GOLFERS’ ASSOCIATION OF AMERICA
The PGA allows transgender players to compete in professional golf if they submit proof of their current gender status - such as proof that they have legally changed their gender or are on HRT. However, leagues outside of the PGA (such as the NXXT) may have their own rules that limit transgender competitors.
The US Golf Association still enforces the outdated 2003 International Olympic Committee Stockholm Consensus, which requires transgender players to have genital surgery in order to be considered eligible to compete.
🏒PROFESSIONAL WOMEN’S HOCKEY LEAGUE
The PWHL (also known as the Premier Hockey League) held that transgender players are entitled to compete and are not required to have certain surgeries or legal documents to play. Instead, transgender women are eligible to play if they have been “living in their transgender identity for a minimum of two years,” transgender men are eligible if they are approved to use testosterone by the PWHL/PHL, and nonbinary individuals are eligible to compete if they fall into either of the above categories.
🥊ULTIMATE FIGHTING CHAMPIONSHIP
The UFC holds the 2015 International Olympic Committee Transgender Policy regarding transgender athletes’ eligibility to compete in professional fighting. Transgender fighters are subject to strict testosterone monitoring during competitions, along with other drug tests administered to all fighters.
🥏ULTIMATE FRISBEE ASSOCIATION
While the UFA does not have any explicit policies regarding whether transgender athletes can compete, USA Ultimate has one of the most inclusive policies in competitive sports. Players self-attest their gender and category as being in the men’s, women’s, or mixed division.
🏀WOMEN’S NATIONAL BASKETBALL ASSOCIATION
The WNBA has no policies barring transgender athletes, as long as they have the skills necessary to compete in the WNBA. However, very few transgender players have made it to the Women’s National Basketball Association - the only trans player of note so far is Layshia Clarendon with the Indiana Fever. This is in contrast to the NCAA and NAIA, which have written rules regarding transgender players. The National Collegiate Athletics Association requires players to submit medical documentation with suppressed testosterone levels at specific points during the season, while the National Association of Intercollegiate Athletics flat-out bans transgender players from competing in NAIA sports after beginning medical transition.
🥊WORLD BOXING ASSOCIATION
The World Boxing Council decided in 2022 that transgender athletes in the WBA compete separately from cisgender men and women, and instead utilize a new and separate transgender division. Due to this ruling, transgender fighters are banned from playing in cisgender divisions.
USA Boxing, the national federation presiding over American Olympic competitors, enforces the outdated 2003 International Olympic Committee Stockholm Consensus, which requires transgender players to have genital surgery in order to be considered eligible to compete. Additionally, USA Boxing requires transgender competitors to have legally changed their gender and have medical documentation of their HRT.
🥋WORLD KARATE FEDERATION
The WKF has no explicit policies regarding transgender competitors, leaving tournament regulations up to the discretion of individual tournaments and schools. As a general rule, transgender people are openly welcomed to compete as long as they compete fairly as their gender identity.
Since 2017, USA Karate, the national federation presiding over American Olympic competitors, has used the 2015 International Olympic Committee Transgender Policy.
👮PRISON | VARIES
There are very few federal or state laws that protect prisoner rights, regardless of sexual orientation or gender identity. Some of the most important rights that incarcerated individuals maintain include the Eighth Amendment, Equal Protection Clause, Prison Rape Elimination Act of 2003, and other federal civil rights laws like Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act, and the Rehabilitation Act. All of the rights listed below are federal rights given to all prisoners in the United States since there are little to no additional protections given to Illinois prisoners.
Prison officials have a legal obligation to refrain from excessive force under the Eighth Amendment, as well as a duty to protect prisoners from assault by other prisoners. Officers may only use force in good faith to keep order, and can be considered in violation of the Eighth Amendment if they fail to prevent an assault they knew a risk of or by not keeping safe practices/prison conditions.
Federal prisons provide special protections for religious exercise. If a policy, rule, or practice interferes with a prisoner’s ability to practice religious beliefs, the prison must give substantial proof that those policies, rules, or practices are necessary for the prison’s safety or health. If they cannot, officials must provide religious accommodation to allow prisoners to practice their faith - which can include specific diets, worship services, access to clergy, clothing, grooming practices, etc. Prison officials are not allowed to impose religious beliefs or practices on prisoners.
Prisons must provide medical and health services to prisoners since not doing so for any individual in State custody constitutes cruel or unusual punishment. In fact, incarcerated people are currently the only group in the United States with a constitutional right to health care.
You maintain your right to have (or not have) an abortion while incarcerated. Additionally, you have the right to prenatal and other medical care regarding pregnancy and postpartum care. Prisons cannot force you to pay before giving you necessary medical care, and cannot force you to be sterilized or take birth control. While it varies by state law, Illinois prohibits the use of shackles, leg irons, or waist shackles on pregnant prisoners in labor.
Prisoners with disabilities also maintain their full rights regarding their disability while incarcerated under the Americans with Disabilities Act and the Rehabilitation Act of 1973. Any federal, state, or local agency that receives federal funds must adhere to these laws. Prisons must provide inmates with equal opportunity and access to programs and services for which they are qualified. Officials must house prisoners at the correct security level with reasonable modifications to policies and procedures for safe, appropriate housing. Officials must also give necessary auxiliary aids and services such as sign language interpreters, captioning, videophones, readers, Braille, and audio recordings, as well as other medical devices such as wheelchairs and canes. However, prisons are not required to provide accommodations that impose undue financial and administrative burdens and are allowed to discriminate if a disabled prisoner’s participation would pose a significant safety risk or direct threat to others that cannot be mitigated.
Prisoners have the general right to receive books, magazines, and newspapers by mail, although they are subject to restrictions. Prison authorities may decide to censor publications for prison safety or security reasons, but are not allowed to reject material because they politically disagree with it. Further, prisons may not censor material solely because it contains information downloaded from the internet. Officials cannot prevent individuals from outside the prison system from sending you books, magazine subscriptions, or mail, and both you and the sender have the right to be notified if incoming mail will be censored or rejected - and officials must give substantial reason behind their decision. Prison officials have the right to inspect and open non-privileged mail, such as letters from loved ones. However, officials may only inspect privileged or protected mail for contraband, and cannot be read without a warrant.
Prison staff are legally required to protect you if you inform them you are LGBTQIA+ and/or believe you are at risk. The Prison Rape Elimination Act requires prisons and jails to make individualized housing placements for all transgender and intersex prisoners - including when assigning them to male or female facilities. The prisoner’s own personal view regarding their safety must be taken into serious consideration when making these decisions.
While prisons may place transgender prisoners in solitary confinement to protect them from violence, the Prison Rape Elimination Act prohibits such use of solitary for over 30 days without the explicit consent of the prisoner. While in protective solitary, prisoners must still have access to programs, privileges, education, and work opportunities to the extent possible. Prison staff must evaluate prisoners for gender dysphoria within a reasonable time if requested, and medical treatment for gender dysphoria should be delivered according to accepted medical standards. Blanket bans on specific types of treatments, such as HRT or surgery, are unconstitutional. Prison staff must allow you to generally use gender-appropriate clothing and grooming supplies, allowing you to present consistently with your gender identity. The Prison Rape Elimination Act also requires officials to grant transgender and intersex inmates access to private showers, if requested. Staff cannot conduct strip and pat-down searches to assess your genitals - staff must be trained to conduct searches on transgender and intersex inmates in the least intrusive manner possible and not violate your privacy rights.
⚧️INTERSEX | LEGAL
Although intersex people are not often explicitly included in legislation, the same laws that protect against discrimination and harassment based on sexual orientation and gender identity also apply to intersex individuals. Since Illinois law prohibits harm based on both sexual orientation and gender identity, intersex people are entirely protected under state law. Additionally, intersex traits have been included within the Affordable Care Act and US Department of Health and Human Services since 2016. Intersex people are also protected under the Americans with Disabilities Act as well as Title IX.
There are no US states that prohibits non-consensual medical interventions or surgeries on intersex infants. Medical professionals have the right to perform “normalizing” genital surgeries on intersex infants - with or without the express consent and knowledge of the parents and often coerce/pressure parents into agreeing to treatment on intersex newborns. Since 1996, the American Academy of Pediatrics have held to the statement that such surgeries and interventions are necessary for the benefit of intersex people.
Federally, the US Department of State will issue nonbinary or “X” passports for intersex or nonbinary individuals seeking to have their documents corrected and aligned. Since 2022, the United States issues passports as either male, female, or X by self-determination. Illinois is one of 22 states that include X on identification documents such as driver licenses, identification cards, and birth certificates.
🗳️VOTING
To register to vote in Illinois, you must:
- Be a United States citizen
- Be at least a resident of Illinois for 30 days
Homeless individuals still maintain their right to vote, according to the 2013 Illinois Bill of Rights for the Homeless Act. If you do not have a location to receive mail to be used as your primary form of ID for registering, homeless shelters and social work agencies provide letters allowing homeless individuals to use their address as their voting address.
College students attending school in Illinois also have the right to vote in Illinois, if they choose, by using their Illinois school address. However, individuals may only register and vote in one state so it is their decision whether they vote in their home state or Illinois. - Be 18 years old by General Election Day
- 17-year-olds may vote in primary elections if they turn 18 by the General Election.
- The minimum age to pre-register to vote in Illinois is 16.
- Be registered to vote
Voter registration may be done online, by mail, or in person by authorized/trained individuals.- The deadline for online registration is 16 days prior to Election Day.
- The deadline for mail registration is postmarked 28 days prior to Election Day.
- In-person registration is available in Illinois at any point without deadlines, including Election Day.
In Illinois, you only lose your right to vote if you are currently incarcerated for a criminal conviction - regardless of the conviction type (misdemeanor or felony). After release, you immediately regain your right to vote. Pretrial detention, probation, and parole do not restrict your voting rights. To learn more about state voting laws regarding criminal charges, visit justice.gov/crt/media/1332106.
Illinois has no disability-related restrictions on voting, unlike most of the United States. Intellectual disabilities, physical disabilities, and mental illness - including Autism - do not limit your ability to vote in Illinois. You maintain your right to vote even if you are not able to vote in person due to being in a mental institution or group home.
Where/When Can I Vote?
Your polling place is the physical location where you go to vote in local, state, and federal elections. To find your polling place, go to ova.elections.il.gov or ova.elections.il.gov/RegistrationLookup.aspx.
In-person voting is only available at polling locations from 6 AM to 7 PM on Election Day. Due to the number of bad actors that purposely misinformed voters about elections, when to vote, and their rights, you can report incidents with the Illinois State Board of Education at elections.il.gov. Your polling location is determined by your local election office based on your address - you cannot change your polling location on your own without updating your voter registration. If you try to vote somewhere other than your assigned polling place, your vote may not count.
You can not vote online. You can vote by mail, also known as absentee voting. You do not need a reason or excuse to vote absentee in Illinois and may request to vote absentee no more than 90 days before the Election and at least one day before the Election. Voted ballots must be mailed in or hand delivered to an election authority, postmarked within two weeks of Election Day, to be counted.
What Do I Need to Bring to Vote?
For first-time voters, federal law requires you to bring an ID when you vote on Election Day if you registered by mail, online, or have otherwise not shown your ID when registering.
In Illinois, no form of ID is required to vote if you are already registered with your current address. Otherwise, you may need up to two forms of identification when arriving at your polling place - one of which must include your current address.
Accepted forms of identification include:
- Driver’s License
- State ID Card
- Passport
- Military ID
- College, University, School, or Work ID
- Vehicle Registration Card
- Lease, Mortgage, or House Deed
- Credit/Debit Card
- Social Security Card
- Medicare or Medicaid Card
- Insurance Card
- Civic, Union, or Professional Membership Card
- LINK, Public Aid, or Department of Human Services Card
- Illinois FOID Card
- Utility, Medical, or Insurance Bill
- Transcript or Report Card from School
- Bank Statement
- Pay Stub
- Pension Statement
- Official Mail from Any Government Agency
ELECTION AGENCIES
Illinois State Board of Elections | 217-782-4141 | 2329 S MacArthur Boulevard, Springfield
US Election Assistance Commission | 301-563-3919 | 633 3rd Street NW, Suite 200, Washington D.C.
Alexander County | 618-734-7000 | 2000 Washington Avenue, Cairo
Franklin County | 618-435-9800 | 901 Public Square, Benton
Gallatin County | 618-269-3025 | PO Box 550, Shawneetown
Hamilton County | 618-643-2721 | 100 S Jackson Street, McLeansboro
Hardin County | 618-287-2251 | PO Box 187, Elizabethtown
Jackson County | 618-687-7360 | 1001 Walnut Street, Murphysboro
Jefferson County | 618-244-8020 | 100 S 10th Street, Mount Vernon
Johnson County | 618-658-9665 | 117 N 5th Street, Vienna
Massac County | 618-524-5213 | 1 Superman Square, Metropolis
Perry County | 618-357-5116 | 3764 State Route 13/127, Pinckneyville
Pope County | 618-683-4466 | 310 E Main Street, Golconda
Pulaski County | 618-748-9360 | PO Box 118, Mound City
Randolph County | 618-826-5000 | 1 Taylor Street, Chester
Saline County | 618-253-8197 | 10 E Poplar Street, Harrisburg
Union County | 618-833-5711 | 309 W Market Street, Jonesboro
White County | 618-382-7211 | 323 E Main Street, Carmi
Williamson County | 618-998-2112 | 407 N Monroe Street, Marion
Voting: Know Your Rights
- You do not need to show a photo ID to vote in Illinois as long as it is not your first time voting. Poll workers should not ask for ID UNLESS one of the following special circumstances has occurred:
- An Election Judge has challenged your right to vote,
- You registered to vote by mail or online and have not yet provided ID,
- Or you are also registering to vote or are changing your registration address on Election Day.
- As long as you are in line to vote, you maintain the right to cast your vote - even after the polls officially close at 7 PM.
🗳️LGBTQIA+ Parties
Lavender Greens @ lavendergreens.net
National LGBTQIA+ caucus of the United States Green Party to promote LGBTQIA+ issues within the larger party and legislation.
Log Cabin Republicans @ logcabin.org
LCR is the national organization of the Republican Party that promotes equal rights for LGBTQIA+ Americans alongside Republican values.
Queer Democratic Socialists of America @ dsausa.org/working-groups/queer-socialists-working-group
National working group the coordinate LGBTQIA+ legislation, programs, and activities within the larger Democratic Socialists of America network.
Stonewall Democrats @ stonewalldems.org
Occasionally known as LGBT Democrats, the Stonewall Democrats are the national caucus within the Democratic Party that promotes issues relevant to LGBTQIA+ Americans alongside Democratic values.