Bill Text: IL HR0582 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Urges the Illinois Supreme Court and relevant authorities to require, as a consistent part of continuing education, LGBTQ+ and HIV cultural competency education for all attorneys, judges, and courtroom staff in the State of Illinois.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2024-04-30 - Resolution Adopted 074-036-000 [HR0582 Detail]
Download: Illinois-2023-HR0582-Introduced.html
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1 | HOUSE RESOLUTION | ||||||
2 | WHEREAS, The Illinois Supreme Court administers the | ||||||
3 | State's legal system, regulates the legal profession, and | ||||||
4 | seeks to foster a diverse and inclusive legal system; and
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5 | WHEREAS, Despite more and more LGBTQ+ people and people | ||||||
6 | living with HIV who are living as their authentic selves, the | ||||||
7 | Illinois Supreme Court does not have a formal education | ||||||
8 | requirement for attorneys, judges, and courtroom staff to be | ||||||
9 | aware of and meet the social and cultural needs of LGBTQ+ | ||||||
10 | communities and people living with HIV; and
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11 | WHEREAS, In 2023, more than 600 anti-LGBTQ+ bills were | ||||||
12 | introduced in statehouses across the country, including | ||||||
13 | initiatives to criminalize healthcare for trans individuals, | ||||||
14 | to create licenses to discriminate against LGBTQ+ families, | ||||||
15 | and to deny LGBTQ+ students the opportunity to experience the | ||||||
16 | stories of people like themselves, and such anti-LGBTQ+ bills | ||||||
17 | are contrary to the values of the State of Illinois; and
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18 | WHEREAS, As LGBTQ+ people and families visit Illinois to | ||||||
19 | access reproductive healthcare and gender-affirming care or | ||||||
20 | move to Illinois in order to escape the oppression of cruel and | ||||||
21 | harsh anti-LGBTQ+ regimes in other states, attorneys, judges, | ||||||
22 | and courtroom staff in Illinois will more frequently come into |
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1 | contact with and represent LGBTQ+ people who need legal | ||||||
2 | services to defend their rights, freedom, and bodily autonomy; | ||||||
3 | and
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4 | WHEREAS, The Movement Advancement Project's August 2016 | ||||||
5 | report, entitled Unjust: How the Broken Criminal Justice | ||||||
6 | System Fails LGBT People of Color, wrote that "Discrimination | ||||||
7 | against LGBT people, particularly LGBT people of color, is | ||||||
8 | pervasive, and it infiltrates the halls of justice", and that | ||||||
9 | "Judges, prosecutors, and even defense attorneys tasked with | ||||||
10 | representing LGBT people often rely on misinformation, | ||||||
11 | stereotypes, and inflammatory language when interacting with | ||||||
12 | LGBT people"; for instance, "LGBT immigrants frequently | ||||||
13 | encounter judges who are unfamiliar with the challenges facing | ||||||
14 | LGBT people in other countries or who use incorrect language | ||||||
15 | to refer to transgender immigrants"; and
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16 | WHEREAS, Lambda Legal's Protected and Served? 2022 report | ||||||
17 | includes data from a national survey about the experiences of | ||||||
18 | LGBTQ+ people and people living with HIV when in courts and | ||||||
19 | courthouses; and
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20 | WHEREAS, Of survey participants who had appeared in court, | ||||||
21 | 22.2% of those who identified as LGBTQ+, women, or individuals | ||||||
22 | living with HIV indicated that someone in the legal | ||||||
23 | profession, including judges, public defenders, prosecutors, |
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1 | court clerks, court security, or other court employees, made | ||||||
2 | negative comments to or about them relating to sexual | ||||||
3 | orientation, gender identity or expression, or HIV status; and
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4 | WHEREAS, In that same report, 30.1% of transgender | ||||||
5 | participants had their gender identity inappropriately | ||||||
6 | revealed in court; in particular, transgender participants of | ||||||
7 | color were more likely to have their gender identity revealed | ||||||
8 | in court than were those who were white; specifically, 42.9% | ||||||
9 | of Indigenous trans people, 42.3% of Black trans people, 34.5% | ||||||
10 | of Latinx trans people, and 23.3% of white trans people | ||||||
11 | reported having their gender identity inappropriately revealed | ||||||
12 | in court; and
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13 | WHEREAS, The report additionally revealed that 25.0% of | ||||||
14 | people living with HIV said that their HIV status, which is | ||||||
15 | private health information, was inappropriately revealed in | ||||||
16 | court; and
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17 | WHEREAS, According to the 2015 US Trans Survey, 13% of | ||||||
18 | respondents reported negative experiences in a court or | ||||||
19 | courthouse because of being transgender; additionally, 6% of | ||||||
20 | respondents reported negative experiences when accessing legal | ||||||
21 | services from an attorney, a clinic, or a legal professional | ||||||
22 | because of being transgender; negative experiences include | ||||||
23 | being denied equal treatment or service, verbally harassed, or |
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1 | physically attacked because of being transgender; and
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2 | WHEREAS, Reports by the Movement Advancement Project and | ||||||
3 | Lambda Legal and the US Trans Survey highlight the pervasive | ||||||
4 | harassment, discrimination, and exclusion that LGBTQ+ people | ||||||
5 | and people living with HIV experience in law offices, legal | ||||||
6 | clinics, courts, and courthouses; this harassment, | ||||||
7 | discrimination, and exclusion contribute to the distrust of | ||||||
8 | the legal system by LGBTQ+ people and people living with HIV; | ||||||
9 | in fact, according to Lambda Legal's survey, 32.2% of LGBTQ+ | ||||||
10 | people do not trust the court system at all while only 8.5% | ||||||
11 | completely trust the court system; and
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12 | WHEREAS, The Illinois Supreme Court and relevant | ||||||
13 | authorities have the authority to require that attorneys, | ||||||
14 | judges, and courtroom staff be trained in LGBTQ+ and HIV | ||||||
15 | cultural competency as part of continuing education; having | ||||||
16 | such a requirement will increase the ability of attorneys, | ||||||
17 | judges, and courtroom staff to meet the social and cultural | ||||||
18 | needs of a diversifying state; therefore, be it
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19 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | ||||||
20 | HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | ||||||
21 | we urge the Illinois Supreme Court and relevant authorities to | ||||||
22 | require, as a consistent part of continuing education, LGBTQ+ | ||||||
23 | and HIV cultural competency education for all attorneys, |
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1 | judges, and courtroom staff in the State of Illinois; and be it | ||||||
2 | further
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