Voting & Civil Rights

Illinois law provides gender designations on state identification documents 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 also 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 regarding sex markers is currently complicated. The consequences of applying for a sex marker change on federal identification documents are unclear. People who need to change a sex marker on a federal identification document may want to talk to an attorney before submitting their application.

Illinois law includes X as an identification 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 law currently recognizes two sexes, male and female, based on an executive order issued on January 20, 2025. According to the order, the two official federal sexes are defined as:

• "'Female' means a person belonging, at conception, to the sex that produces the large reproductive cell," and
• "'Male' means a person belonging, at conception, to the sex that produces the small reproductive cell."

Accordingly, federal agencies were required to start providing forms with only "male or female" options. It is unclear how these new federal requirements include people who are intersex and how federal agencies will interpret state legal documents with an X marker.

Recent litigation has resulted in a judge ordering the federal government to let people choose an X gender on their passport application again, subject to specific restrictions.

Prior to January 20, 2025, United States passports were issued with male, female, and X options. As long as these passports remain otherwise valid, they can still be used for travel.

For several months after January 20, 2025, passports were only issued with the male or female sex designation on the applicant's original birth certificate. Recent litigation has resulted in a judge ordering the federal government to let people choose an X marker on their passport application or to select a sex designation different from their original birth certificate. To do this, applicants must submit a form called an attestation. 

Note: Consider the risks carefully before using this attestation to apply for a passport with an X or a different sex designation than the one on the applicant's original birth certificate. The attestation legally binds applicants to one of the following statements:

• Their gender identity is different from their sex, or
• They have been diagnosed with gender dysphoria.

The attestation is a statement made under penalty of perjury. That means the applicant may be asked about this attestation in future legal proceedings. The legal meaning of agreeing that gender identity is different from sex, referring to sex assigned at birth, is unclear. 

Also, if the litigation situation changes, the requirement to use only male or female sex designations could return immediately. This might affect applications in progress.

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 (which replaces the former LGBTQI+ traveler information page).

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. An emergency message sent to Social Security Administration personnel on January 31, 2025 stated that changes to the sex field on Social Security cards "(e.g., M to F or F to M) must not be accepted or processed."

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 law prohibits discrimination against people updating their gender on state-issued documents. Illinois state agencies allow male, female, or X gender markers on all official forms. For help correcting an Illinois-issued identification document that does not have standard procedures available, 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. 

Documents issued by the Secretary of State cannot have different gender markers because the same office maintains the information. 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 gender reassignment on your Illinois birth certificate, follow the Illinois Department of Public Health (IDPH) Division of Vital Records instructions.
• You must mail IDPH a notarized, completed Affidavit and Certificate of Correction Request, a copy of your 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 Real IDs, driver’s licenses, or state identification cards will be electronically sent to the election authority if the applicant agrees to either register to vote or update their registration. Many Illinois polling places offer grace period registration, which voters can use to update their gender in the system.

If you update the gender on your birth certificate in Illinois or any other state, that change will not be 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. Contact the Transformative Justice Law Project of Illinois (TJLP) for guidance about this process, including sample petitions and orders.

Reach out to the Transformative Justice Law Project of Illinois (TJLP) for statewide guidance and referrals. Advocates for Trans Equality also maintains relevant resources.