Marriage (and Other LGBT) Rights in Illinois and Indiana

I have to say, these posts are getting a little tedious. I like having the information, and I like sharing it. But it takes lots of time to research and compile, and with these long days of travel, time is something we don’t have in excess. I’m not complaining–well, maybe I am.

Wouldn’t it be great if I could just say, “LGBT people have the same rights as everyone else–in all fifty states”?

But I guess that’s why this trip is happening. Because we can’t say that. Because nearly every one of the fifty states has its own way it discriminates against LGBT people. It’s also why we’ll be at the National Equality March this weekend.

OK, enough complaining. Back to business.

Illinois

Illinois law prohibits same-sex marriage, and the recognition of same-sex marriages from other jurisdictions. “A marriage between a man and a woman licensed, solemnized and registered as provided in this act is valid in this state. … The following marriages are prohibited: … a marriage between two individuals of the same sex. … A marriage between two individuals of the same sex is contrary to the public policy of this state.” There have been two attempts to put a marriage ban into the state constitution by popular vote. Both times the group sponsoring the ban failed to get enough signatures to qualify for the ballot. [via Windy City Times] I guess they didn’t have the corrupt paid signature gatherers that Referendum 71 did in Washington this year. Not that I want to give them any ideas.
A same-sex partner may make medical decisions if the partner is incapacitated–if there is a living will signed and witnessed by two people, or if others (parents, adult children, etc.) are unavailable or defer to the partner.
Same-sex partners may adopt, jointly adopt, and adopt each other’s children in Illinois.
After sex reassignment surgery and with a physician’s affidavit, Illinois will issue a new birth certificate.
Illinois hate crime laws protect sexual orientation but not gender identity. [This item may not be relevant as soon as the Matthew Shepard Act is passed--it includes both sexual orientation and gender identity--one less thing to look up state by state, yeah!]
Discrimination on the basis of sexual orientation and gender identity is prohibited in Illinios.
Illinois safe schools laws do not specifically protect sexual orientation or gender identity. [via HRC unless otherwise noted]

Indiana

Same-sex marriage is prohibited in Indiana by law. “Only a female may marry a male. Only a male may marry a female.” [Because that wasn't covered the first time you said it.] “A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.” In 2008, a proposed amendment preventing same-sex marriage was not allowed out of committee by a democratic chair. In order to become an amendment, it would have had to pass both houses of the legislature in consecutive years and been approved by popular vote. [via BlogCritics]
In absence of a living will, a same-sex partner may not make medical decisions for a partner. The living will must be signed, dated, and witnessed by two people in order to be valid.
Any individual may adopt in Indiana. Same-sex couples can adopt jointly, and in some jurisdictions they can adopt each other’s children.
Sex is not designated on Indiana birth certificates. Indiana law permits name changes to birth certificates.
There is no additional enforcement for hate crimes in Indiana. “Bias crimes” are recorded, but not prosecuted more harshly. Sexual orientation is defined within the bias crime law, but not gender identity.
State employees are protected against discrimination in employment matters. Otherwise there is no discrimination protection for sexual orientation or gender identity.
Safe schools laws do not mention sexual orientation or gender identity. [via HRC unless otherwise noted]