Voting & Civil Rights

Illinois law provides gender designations on state identification that:

• Include male, female, or X options,
• Can be updated in any sequence,
• Do not require a court order or medical documentation, and
• Do not have to match.

People who want to change their legal name on identification documents must go to court and ask a judge to enter a name change order.

Federal law allows sex markers that:

• Are either male or female, and
• Match sex assigned at birth.

Talk to a lawyer about legal issues and safety risks before submitting applications for federal identification that do not match how a person's sex was listed at birth. To find legal help:

• Use Get Legal Help, or
• Call the IL Pride Connect Legal Hotline at (855) 805-9200.

Illinois identification includes X as an option for people who do not identify as male or female. In Illinois, people may have multiple forms of identification with a different sex or gender listed. For example, a person might have a birth certificate that lists male and an X on their driver's license. However, an Illinois driver's license and an Illinois state identification card are issued by the same office and must have the same marker.

The X identifier is not available in all states and countries and can prevent travelers from entering some foreign jurisdictions.

Federal identification no longer includes an X marker. Federal agencies decide whether a person receives a male or female marker based on sex at birth. Documents issued before January 20, 2025 that have updated sex or X gender markers are valid until they expire.

The Department of State issues passports with male and female sex markers. The designation is based on whether a person was listed as male or female at birth, not their current identity. Before applying for or renewing a passport with a sex designation that does not match assigned sex at birth, talk to a lawyer:

• Use Get Legal Help, or
• Call the IL Pride Connect Legal Hotline at (855) 805-9200.

There have been multiple changes in passport policy during 2025. 

• Before January 20, 2025, United States passports were issued with male, female, and X markers. As long as these passports remain otherwise valid, they can still be used for travel.
• During part of 2025, a judge's order required the government to continue providing passports that reflected a person's current sex or gender. This process involved signing an attestation.
• On November 6, 2025, the Supreme Court allowed the government to resume printing passports with only male or female sex markers. This information is drawn from "a historical fact" of the person's sex assigned at birth.

If you encounter discrimination or harassment by Department of State employees while getting your passport, you can report the issue. Within 180 days of the incident, fill out a Discrimination Complaint or write a letter with the same information and send it by email, postal mail, or fax to the addresses provided on the form.

Some countries criminalize LGBTQIA+ status and expression, including consensual same-sex relations. Same-sex marriage is not recognized in many other countries. Entry officials may only be able to accept male or female sex markers on passports. 

The United States cannot require other countries to make exceptions for American travelers, including those who are United States citizens. Learn more by reading the State Department's current information for LGB travelers.

Before January 20, 2025, the Transportation Security Administration (TSA) PreCheck program allowed male, female, or X gender marker updates. The gender designation provided to PreCheck did not need to match the gender marker on the identification used for flying.

If you encounter discrimination or harassment from TSA employees, you can fill out and submit a TSA Complaint Form within 180 days.

Social Security cards can only have male or female sex designations. Before applying for or renewing a social security card with a sex designation that does not match a person's assigned sex at birth, talk to a lawyer:

• Use Get Legal Help, or
• Call the IL Pride Connect Legal Hotline at (855) 805-9200.

If you encounter discrimination or harassment by Social Security Administration employees, you can report the issue. Within 180 days, fill out a Program Discrimination Complaint or write a letter stating the same information and send it by email or postal mail to the addresses on the form.

Illinois state agencies allow male, female, or X gender markers on all official forms. Illinois law prohibits discrimination against people changing their gender marker on state-issued identification.

For help updating an Illinois-issued identification document:

• Use Get Legal Help, or
• Call the IL Pride Connect Legal Hotline at (855) 805-9200, or
• Contact the Transformative Justice Law Project of Illinois (TJLP).

If you encounter gender-related discrimination or harassment by state employees or agencies while updating your Illinois documents, you can file a report of public accommodations discrimination with the Illinois Department of Human Rights (IDHR) within 300 days. 

Illinois Real IDs, driver's licenses, or state identification cards can have male, female, or X gender markers. 

If a person has multiple types of identification issued by the Illinois Secretary of State, they must have the same gender marker. However, they do not have to have the same gender markers as documents issued by other agencies.

Getting or correcting these documents requires visiting a Secretary of State facility. An appointment may be required. To change the gender marker on identification issued by the Secretary of State, bring a completed Gender Designation Change form and a current Illinois driver’s license or state identification card. Fees for new and corrected identification are listed online.

Issues with discrimination or harassment from Secretary of State employees during this process can be reported to IDHR. You can also fill out an Illinois Secretary of State Discrimination Complaint Form and mail it to the Illinois Secretary of State, Equal Opportunity Employment Officer, 17 N. State, Suite 1300, Chicago, IL 60602.

Illinois birth certificates can have male, female, or X gender markers.

To request a change in the gender marker on an Illinois birth certificate, follow the Illinois Department of Public Health (IDPH) Division of Vital Records instructions. The process requires mailing IDPH:

• A notarized, completed Affidavit and Certificate of Correction Request,
• A copy of the applicant's up-to-date government-issued photo identification, and
• A $15 check or money order payable to IDPH.

Voter registration cards can have male, female, or X sex designations. Illinois residents cannot be denied the right to vote based on gender identity or expression. The ACLU’s Guide to Voting in Illinois While Trans, Non-Binary, or Gender Non-Conforming provides more information about common concerns.

Changes to a gender designation on Illinois Real IDs, driver’s licenses, or state identification cards can be electronically sent to the election authority. To do so, the applicant must agree to:

• Register to vote, or
• Update their registration. 

Many Illinois polling places offer grace period registration. Voters can use the grace period to update their gender in the system.

Updates to gender on birth certificates are not electronically sent to the election authority. You must take the necessary steps to update your voter registration with the Illinois Board of Elections.

In the event of discrimination or harassment while voting, you have several options. You can:

• File a complaint asking the Illinois Attorney General’s Office to investigate,
• Report the issue to the Illinois Department of Human Rights within 300 days, or
• Submit a complaint to the Illinois State Board of Elections identifying the statutory provision that has been violated and mail it to Bernadette Matthews, Executive Director, Illinois State Board of Elections, 69 W. Washington St., Suite LL08, Chicago, IL 60602.

In Cook County, you can also report issues to the Cook County Commission on Human Rights within 180 days.

Illinois cannot change birth certificates issued by other states or countries. Learn more about updating non-Illinois birth certificates.

Illinois residents can ask an Illinois judge to issue an order making factual findings to help correct a birth certificate issued by another state or country.  For help figuring out options:

• Use Get Legal Help, or
• Call the IL Pride Connect Legal Hotline at (855) 805-9200, or
• Contact the Transformative Justice Law Project of Illinois (TJLP).

Use Get Legal Help or call the IL Pride Connect Legal Hotline at (855) 805-9200. The Transformative Justice Law Project of Illinois (TJLP) may also be able to help.