Illinois Will Soon Allow Trans Residents to Correct Out-of-State Birth Certificates and IDs

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One of America’s most progressive states is poised to make a big move in support of its trans residents.

On Thursday, Illinois passed legislation allowing trans people to correct birth certificates, state IDs, and driver’s licenses issued out of state or even out of the country, as the Fox affiliate WTVO first reported. House Bill 5507, which passed 73-38 in the state House and 10-4 in the Senate, creates a process by which Illinoisans can obtain a judicial order to correct the name and gender marker listed on their documentation.

HB 5507 is currently headed to the desk of Illinois Gov. J.B. Pritzker, a Democrat, who is likely to sign it. Although it’s unclear if he has taken a public position on the bill, the Prairie State is one of 15 that has enacted a law or executive order preventing courts from complying with out-of-state subpoenas in cases where a trans youth and their family travels to Illinois seeking gender-affirming care. To date, 25 states have laws on the books restricting access to necessary medical treatments for trans youth.

Additionally, the issue is a personal one for Pritzker: His sister, Jennifer, is the world’s first and only trans billionaire. She announced her transition in 2013.

The law would be just the latest reform to the once burdensome process of applying for a corrected birth certificate in Illinois. In 2023, Pritzker signed legislation waiving the requirement that trans people undergo gender-affirming surgery before they are permitted to correct their legal documentation. As a result of those changes, trans Illinoisans need only to fill out a form declaring their gender identity to have their request approved.

The move made Illinois, at the time, the 15th state to allow trans people to self-identify their gender, which Pritzker heralded as historic.

“Here in Illinois, we recognize that gender transition is a personal journey that doesn’t always follow a prescriptive medical path, but still deserves to be honored legally,” he said in a statement. “In a time of increasing violence and hateful rhetoric against the trans, nonbinary, and gender non-conforming community, it is more important than ever to reaffirm our state’s commitment to recognizing the rights and dignity of LGBTQ+ Illinoisans.”

But as Illinois ushers in a wave of pro-trans legislation, many states around the country are moving in the opposite direction. According to the Movement Advancement Project, nine states require proof of surgery or a court order to update a driver’s license, such as Iowa, Kentucky, and Texas. Twelve, including Arizona, Georgia, and Wisconsin, enforce a surgical requirement for birth certificates.

And a handful of states do not allow trans people to correct their names and gender markers at all, per MAP data. Five states refuse to update the name and gender marker on birth certificates: Kansas, Montana, North Dakota, Oklahoma, and Tennessee. Meanwhile, Florida, Kansas, and Tennessee also refuse ID corrections.

Kansas rolled out its policy of refusing name and gender marker corrections last year, per an order from its Department of Health and Environment. Meanwhile, Florida’s Department of Highway Safety and Motor Vehicles announced in January that it would no longer allow trans people to update their driver’s licenses and state IDs. Opponents of the Florida move suggested that it may violate federal law.

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