Voting & Civil Rights

Discrimination based on sexual orientation or gender identity may be illegal. This article explains the variety of legal protections for LGBTQIA+ people in Illinois.

The LGBTQIA+ umbrella

People who are LGBTQIA+ may be:

• Lesbian,
• Gay,
• Bisexual,
• Transgender,
• Queer or Questioning,
• Intersex, or
• Asexual.

This is not a complete list. Many other sexual orientation and gender identity categories fall under LGBTQIA+.

Patchwork of protections

Sexual orientation and gender identity discrimination have long harmed members of the LGBTQIA+ community. A patchwork of laws now provides everyday legal protections for LGBTQIA+ people in many aspects of their lives.

Laws can come from statutes, ordinances, administrative codes, agency rules and procedures, cases, and constitutions. You can learn more about sources of law in Doing your own legal research.

Federal law

Federal law applies to the country as a whole and to federal resources, like agencies and buildings that belong to the federal government. Federal law includes the United States Constitution, federal statutes, and federal agency rules and regulations.

Some federal laws preempt state and local laws. This means that if a state or local law conflicts with federal law, the federal law wins. If it’s not clear whether local, state, or federal law applies, a court may have to decide.

The Civil Rights Act of 1964

The Civil Rights Act of 1964 is a federal law that preempts discriminatory state and local laws. Among other protections, it prohibits workplace discrimination based on race, color, religion, sex, or national origin.

In 2020, the United States Supreme Court decided a case called Bostock v. Clayton County that involved how to apply the Civil Rights Act of 1964. The court ruled that people can’t be fired “simply for being homosexual or transgender." That's because the firing would involve the employer discriminating against a person “for traits or actions it would not have questioned in members of a different sex.”

This means that the current law in the United States protects LGBTQIA+ individuals against being fired due to being gay or transgender. To change the law, another act of Congress or United States Supreme Court decision would be required.

Executive orders

Executive orders are instructions from the President of the United States that tell federal employees how to do their jobs. This can have a big impact on everyday life, especially in areas the federal government traditionally handles like immigration or issuing passports.

Executive orders don’t have to go through the regulatory rule-making process. They go into effect immediately unless they state otherwise or are challenged in a court case and a judge rules that they have to be paused while the legal issues are decided.

On January 20, 2025, President Donald J. Trump issued an executive order that discusses new federal policies related to sex and gender:

• It contains definitions of two official sexes that are to be used to categorize all Americans, 
• Instructs federal agencies to “take all necessary steps, as permitted by law, to end the Federal funding of gender ideology,” and
• Tells the United States Attorney General to take the legal position that people can be denied access to single-sex resources based on their officially designated sex at conception.

The executive order provides the following definition of “gender ideology”:

“‘Gender ideology’ replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa, and requiring all institutions of society to regard this false claim as true. Gender ideology includes the idea that there is a vast spectrum of genders that are disconnected from one’s sex. Gender ideology is internally inconsistent, in that it diminishes sex as an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body."

It is unclear what this executive order means for intersex, transgender, and non-binary Americans who need to access federal resources.

Illinois law

Illinois law is more protective of LGBTQIA+ rights than federal law.

The Illinois Human Rights Act prohibits discrimination on the basis of sex, which is defined as the status of being male or female. In a bathroom access case, the Illinois Appellate Court interpreted the word “status” as meaning the person’s current sex.

The Illinois Human Rights Act also protects people against discrimination based on “actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth.”

Multiple Illinois statutes protect the rights of people to use male, female, or non-binary (X) sex markers on driver’s licenses, state identification cards, and other state documents.

Retaliation Punishing a person for doing something that is legally protected against people for filing a discrimination claim under the Illinois Human Rights Act is prohibited.

Chicago and Cook County

Within Illinois, Chicago and Cook County have particularly strong and well-established human rights ordinances. Both prohibit discrimination based on gender identity or sexual orientation and allow people to select which single-sex multi-user public restroom to use.

Chicago’s Human Rights Ordinances explicitly allow for people to be male, female, or nonbinary. City government forms can only require people to identify their sex or gender identity for medical reasons, a legitimate governmental purpose, or as required by another law. Forms must include male, female, and nonbinary as gender identity options. Lists of honorifics (like Mr., Ms., or Rev.) must include the gender-neutral Mx. Additionally, templates with predetermined gender options must allow for he/him, she/her, and they/them selections.

Reporting illegal discrimination

Deciding whether and where to file discrimination complaints related to being LGBTQIA+ may be confusing, given the executive order discussed above.

For members of the LGBTQIA+ community who aren’t open about their identity in some settings, filing complaints at any level may risk making that information public or accessible to individuals who engage in discriminatory practices. It is impossible to predict how federal complaints will be processed at this time or what information will be gathered about people filing complaints to exercise their rights. Individuals must weigh this risk based on their own assessment of their situation.

However, people have a limited amount of time to file complaints even when federal policies are changing. People who are comfortable with the risk of disclosure may still want to exercise the right to file complaints with federal agencies in case policies change in the future. Additionally, people may want to exercise their rights under state law even if that generates a record of their LGBTQIA+ identity that people engaging in discriminatory practices may access.

Workplace discrimination

People who are treated unfairly at work due to their LGBTQIA+ identity can:

• File a complaint with the federal Equal Employment Opportunity Commission (EEOC) within 300 days,
• File a complaint with the Illinois Department of Human Rights (IDHR) within 2 years, and
• Find out whether a local human rights commission handles discrimination complaints and what the filing requirements are.

Some employers have anti-discrimination policies that provide extra protection. Union members may also have protections under the collective bargaining agreement with their employer.

Housing discrimination

Most housing providers in Illinois can’t discriminate against people for being LGBTQIA+. Housing discrimination against anyone based on medical conditions, including HIV or AIDS, is prohibited.

Private room rentals can be restricted to one sex only.

Housing providers that fit one of the following categories are exempted from the Illinois Human Rights Act fair housing protections for sexual orientation and gender identity:

• Buildings with no more than four units, one of which is owner-occupied, and
• Private room rentals, if the owner or their family members live in the building and aren’t absent for more than 12 months.

Advertising discriminatory practices is prohibited. This means that LGBTQIA+ people may want to ask landlords about their screening practices before paying application fees for units in:

• Owner-occupied buildings with no more than four units, and
• Private rooms in buildings that the owner or their family members may live in.

Learn more about recognizing and reporting housing discrimination in Housing discrimination basics. We also provide a program that can help you fill out a housing discrimination complaint to file with the Illinois Department of Human Rights.

Healthcare discrimination

Healthcare provider offices and hospitals are considered places of public accommodation and cannot discriminate against LGBTQIA+ people.  People who are LGBTQIA+ can be refused health services for the same reasons that a provider would deny anyone else, such as lack of availability.

With few exceptions, Illinois health insurance policies can’t discriminate against LGBTQIA+ people or deny coverage for some types of gender-affirming care. Illinois also prohibits making minors undergo sexual orientation change treatment, commonly called conversion therapy.

Discrimination in public spaces

Illinois prohibits discrimination against LGBTQIA+ people in public places like restaurants, movie theaters, parks, stores, laundromats, banks, hospitals, gyms, and museums.

Discrimination against LGBTQIA+ people in public spaces can look like:

• Denying equal use of facilities, goods, or services that are made available to people who aren’t LGBTQIA+,
• Publishing or distributing written communication indicating that a person will be denied or unwelcomed due to being LGBTQIA+,
• Refusing LGBTQIA+ people access to a public official’s services, or
• Denying LGBTQIA+ people access to spaces under the care of a public official, such as parks.

People who encounter discrimination based on being LGBTQIA+ or having a child who is LGBTQIA+ have up to two years to report the problem to the Illinois Department of Human Rights.

Educational protections

Illinois public schools must include LGBTQIA+ people in history lessons and textbooks.

Non-religious schools must protect students from discrimination and bullying on the basis of LGBTQIA+ identity. Non-religious schools and educational facilities can’t:

• Treat LGBTQIA+ students unfairly,
• Deny admission based on a student or their parent being LGBTQIA+, or
• Refuse to give LGBTQIA+ students equal access to school facilities or services.

People who encounter discrimination in non-religious schools based on being LGBTQIA+ or having a child who is LGBTQIA+ have up to two years to report the problem to the Illinois Department of Human Rights for investigation. Curriculum content, course offerings, personality conflicts, and political affiliations can’t be investigated.

Marriage rights

Same-sex marriage is legal in Illinois.

The law treats same-sex married couples the same as other married couples:

• A spouse can sue or be sued alone, without involving their spouse,
• When sued together, spouses can each defend themselves, and if one doesn’t, the other can defend both,
• If one spouse leaves the family, the other can handle legal actions for them,
• If one spouse causes harm, only they pay for it unless the other spouse would be responsible if unmarried,
• A spouse is not responsible for their partner’s debts from before marriage or separate debts,
• A married person can keep, use, and claim their own earnings without their spouse or spouse’s creditors interfering,
• Not all property a married person owns belongs to both spouses and property received as a gift or inheritance belongs only to the person who received it,
• If one spouse takes the other’s personal property without permission, the owner can take legal action,
• A spouse can let the other dispose of property for their shared benefit,
• A spouse cannot remove their children from the home without the other’s consent When someone gives permission for someone else to do something , and
• If one spouse leaves the family, the other gets parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) (custody) for the children and doesn’t need permission to move.

For people who are married in Illinois, a marriage certificate can be updated by the county clerk to reflect legal name changes. The clerk can also change or remove gender-identifying words on the marriage certificate.

People who are married in other states must follow those states’ laws for updating marriage certificates.

Family and parenting rights

In Illinois, LGBTQIA+ people can legally adopt children. However, parental rights in LGBTQIA+ relationships can be complicated.

A person is presumed to be the parent of a child if:

• The child is born to the person’s spouse during the marriage,
• The child is born to the person’s former spouse within 300 days after the marriage ends, or
• The parent is listed on the birth certificate A legal document with a person's place of birth, time of birth, and parents .

Protection from sexual violence

Gender violence is a violent act or threat committed Includes juveniles in placement in the facility as part of a court order. because of a person’s sex. If you are a victim of sexual assault When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. or domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury , you have certain rights. For example, you may be able to transfer schools, get an order of protection, or break your lease. It does not matter if your abuser is the same gender as you. Learn more about actions you can take as a victim of gender violence.

Law enforcement interactions

Illinois state and local law enforcement can’t treat LGBTQIA+ people differently due to gender or sexual orientation. People in state and local custody have the right to request an officer of their chosen gender to perform pat-down searches if one is available. Strip searches must be performed by a person of the same sex.

Based on the executive order discussed in this article, it is unclear what procedures federal law enforcement officers are expected to follow when interacting with members of the LGBTQIA+ community. The order requires:

• Changing rules so “males are not detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. in women’s prisons or housed in women’s detention centers,” and
• Preventing spending of federal funds on gender-related medical care for people in the custody of the Federal Bureau of Prisons, including “for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. to that of the opposite sex.”

Other resources

There are resources available for LGBTQIA+ youth in the Chicago area.

If you are in need of LGBTQIA+ affirming shelter, the Night Ministry is a safe shelter. Their phone number is 877-286-2523. The Night Ministry is located at 1735 North Ashland Avenue, Suite 2000, Chicago, IL 60622. Their email address is [email protected].