|
| | HR0582 | | LRB103 36546 LAW 66653 r |
|
|
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
|
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
|
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
|
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 |
|
| | HR0582 | - 2 - | LRB103 36546 LAW 66653 r |
|
|
1 | | contact with and represent LGBTQ+ people who need legal |
2 | | services to defend their rights, freedom, and bodily autonomy; |
3 | | and
|
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
|
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
|
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, |
|
| | HR0582 | - 3 - | LRB103 36546 LAW 66653 r |
|
|
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
|
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
|
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
|
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 |
|
| | HR0582 | - 4 - | LRB103 36546 LAW 66653 r |
|
|
1 | | physically attacked because of being transgender; and
|
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
|
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
|
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, |