With only 2 days left in the 2003—2004 session of the Illinois General
Assembly, lawmakers on January 11 sent a gay rights bill to Governor Rod Blagojevich,
which, when signed, became Public Act 93-3178.
The new law adds sexual orientation to the classes of people protected by the
state’s Human Rights Act. It defines sexual orientation as actual or perceived
heterosexuality, homosexuality, bisexuality, or gender-related identity, whether
or not traditionally associated with the person’s designated sex at birth.
The definition specifically excludes a physical or sexual attraction to a minor
by an adult. In deference to conservative objections, the Act states that it
must not be construed as requiring any employer, employment agency, or labor
organization to give preferential treatment or special rights based on sexual
orientation or to implement affirmative action policies or programs based on
sexual orientation.
As originally written, the state’s Human Rights Act guarantees freedom
from unlawful discrimination on the basis of a variety of factors, including
race, religion, sex, age, and a number of other characteristics, now including
sexual orientation. It also provides protection from harassment in employment
and against retaliation for filing a discrimination charge. It is enforced by
the Illinois Department of Human Rights.
Now, with Blagojevich’s signature, Illinois became the 15th state in the
nation to extend its human rights law to offer equal protection for its gay
and lesbian citizens. Chicago, Cook County, Normal, Bloomington, DeKalb, and
over a dozen other Illinois localities already bar discrimination based on sexual
orientation.
The new law will take effect on January 1, 2006.