Best Same Sex & LGBT Lawyers in Illinois

About Same Sex & LGBT Law in Illinois, United States

Illinois is known for its progressive stance regarding rights for lesbian, gay, bisexual, and transgender (LGBT) individuals. Same sex marriage has been legal in the state since 2014, and various anti-discrimination protections exist for sexual orientation, gender identity, and gender expression. The law in Illinois intends to ensure equality and safeguard the rights of LGBT individuals in many areas of public and private life, including family law, employment, housing, and education. However, navigating these protections and understanding your rights can sometimes be complex, so knowing where you stand is vital.

Why You May Need a Lawyer

People in the LGBT community may need legal representation or advice for several reasons. Some common situations include:

• Seeking to form a family through marriage, adoption, or surrogacy
• Protecting parental rights as a non-biological or non-gestational parent
• Ensuring proper estate planning, including wills and medical directives, for same sex couples
• Addressing issues relating to name and gender marker changes on identification and official documents
• Resolving disputes related to discrimination in the workplace, housing, or public accommodations
• Dealing with divorce, dissolution of civil unions, or separation involving child custody and support
• Handling instances of hate crimes or harassment
• Navigating complex healthcare rights, particularly around visitation and decision making for partners

A knowledgeable attorney can help you understand your rights under Illinois law, represent you in legal actions, and ensure your interests are protected in sensitive or challenging situations.

Local Laws Overview

Illinois law provides a range of protections and rights specific to the LGBT community. Here are key aspects to be aware of:

• Marriage Equality: Same sex marriage is legal statewide. Couples have the same rights and responsibilities as opposite sex couples in marriage, divorce, and family matters.
• Civil Unions: Civil unions are allowed and available to both same sex and opposite sex couples, providing state level rights similar to marriage.
• Anti-Discrimination Protections: The Illinois Human Rights Act prohibits discrimination on the basis of sexual orientation, gender identity, and gender expression in employment, housing, public accommodations, and credit.
• Parental Rights and Adoption: Illinois law allows joint adoption and second parent adoption for same sex couples, as well as recognition of parental rights regardless of gender.
• Gender Marker and Name Changes: Transgender individuals may change their name and gender on official documents. Recent changes have made it easier to update birth certificates and drivers licenses without surgery requirements.
• Hate Crime Protections: Hate crimes law in Illinois covers crimes motivated by sexual orientation or gender identity.
• Healthcare Rights: Hospitals and healthcare providers are required to treat same sex couples and their families without discrimination and allow visitation rights.

Despite comprehensive protections, some issues can arise due to conflict with federal law, differing policies in private institutions, or lack of awareness regarding new legal changes. Professional legal assistance can help ensure your rights are fully respected.

Frequently Asked Questions

Is same sex marriage legal in Illinois?

Yes, same sex marriage has been legal in Illinois since June 1, 2014. All married couples have the same legal rights and responsibilities, regardless of gender.

Can same sex couples adopt children in Illinois?

Yes, Illinois law allows same sex couples to adopt children, whether through joint adoption, second parent adoption, or stepparent adoption.

Are there protections against discrimination for LGBT people in employment?

Yes, the Illinois Human Rights Act prohibits employment discrimination based on sexual orientation, gender identity, and gender expression. This applies to most employers in the state.

Can transgender individuals change their legal name and gender in Illinois?

Yes, an individual can change their name and gender marker on most legal documents in Illinois. The process for updating a birth certificate, drivers license, or other identification has become easier in recent years, and no longer requires surgery for gender marker changes.

What rights do LGBT individuals have in healthcare settings?

LGBT patients have the right to equal treatment, privacy, and visitation from their spouses or partners in hospitals and care facilities. Healthcare providers must not discriminate based on sexual orientation or gender identity.

How are hate crimes against LGBT people handled in Illinois?

Illinois law specifically includes sexual orientation and gender identity in its hate crime statutes. Victims can seek enhanced penalties and support in prosecution of crimes motivated by bias.

Are there local city or county ordinances with additional protections?

Yes, many Illinois municipalities including Chicago have additional local ordinances further protecting LGBT individuals in areas like law enforcement sensitivity or public school policies.

Can employers ask about sexual orientation or gender identity?

Employers generally should not ask employees or applicants about sexual orientation or gender identity unless it is part of a confidential self identification survey or required for specific program compliance, such as diversity initiatives.

What should I do if I think I have experienced discrimination?

If you believe you have faced discrimination, you can file a complaint with the Illinois Department of Human Rights. It is also advisable to seek legal advice to understand your options and rights.

Do LGBT protections apply to religious organizations?

Some religious organizations may be exempt from certain anti-discrimination requirements due to religious freedom laws. The specifics can be complex, so consulting with a lawyer is important for clear guidance.

Additional Resources

Several organizations and governmental bodies can help LGBT individuals and their families in Illinois:

• Illinois Department of Human Rights - Handles discrimination complaints and enforces the Human Rights Act
• Lambda Legal - Provides legal resources and advocacy for LGBT and HIV positive individuals
• Equality Illinois - Statewide advocacy and information on LGBT rights and policy changes
• ACLU of Illinois - Offers support relating to civil liberties and LGBT protections
• Center on Halsted - Comprehensive LGBT community center in Chicago offering legal referrals and social services
• Local LGBTQ+ centers and legal aid clinics - Many offer free or low cost services to those in need

Next Steps

If you believe you need legal assistance regarding LGBT rights or issues in Illinois, here are steps to consider:

• Document any incidents or issues, including dates, correspondence, and interactions wherever possible
• Contact a lawyer with experience in same sex & LGBT law for a confidential consultation
• Research state and local resources that may offer support, such as the Illinois Department of Human Rights or local advocacy organizations
• If facing discrimination, start the process of filing a formal complaint with the relevant state or local agency
• Stay informed about your rights and any changes in the law that could affect your situation

While Illinois law provides strong protections for LGBT individuals and families, each situation is unique. Seeking tailored advice from a knowledgeable attorney will help you understand your rights and options, and ensure that you and your loved ones are treated fairly under the law.