Matt Coles ( left ) and John Knight. Photos courtesy of Chris Hampton and Yesenia Sotelo, respectively_______
In recent years, there have been many highly publicized setbacks in terms of gaining basic equality for LGBT people in the United States, which makes it easy to forget that there have been many steps forward as well. But, in the grand scheme of things, where do LGBT people across the U.S. currently stand, and how does Illinois factor into all of it?
In terms of where the community stands nationally, Matt Coles, American Civil Liberties Union's director of Lesbian, Gay Rights and AIDS Projects, provided a national portrait that contains five key components. The first focuses on general civil rights for LGBT people, such as non-discrimination laws in terms of housing, public accommodations, etc. Ideally, Coles said, ACLU would like there to be a national standard set by federal law, though he is unsure if the hate-crimes bill, for example, will get past President Bush's desk.
However, states have been making strides in providing these basic, fundamental rights, such as Illinois' passage of the human rights amendment that went into effect in 2006.
'On the state level, we've been making steady progress,' he said, adding that since 2004, there have been a few states that have jumped on board. For those states that have, such as Illinois, there is still the issue of ensuring that these rights actually become a reality for LGBT people. He also added with certainty that this year, at least two more states will join in providing these basic rights.
Another important issue involves schools and LGBT youth. This issue really started moving forward in the early '90s and, now, Coles said, there is really a solid body of law protecting gay-straight alliances in schools across the U.S. to win cases on behalf of LGBT youth in schools.
However, one area that still needs much work is protecting LGBT youth in juvenile facilities and detention centers.
'We are where we were 30 years ago, where staff not only turns a blind eye toward other kids in the system, but encourages and sometimes even participates in it,' Coles said, adding that organizations need to work with institutions toward a goal of changing policies and protecting these kids from abysmal treatment.
John Knight, a senior staff attorney based out of Chicago and director of the Gay & Lesbian Rights and AIDS & Civil Liberties Projects, and Coles said that some of the most cutting-edge work is being done right here in Cook County, with a lawsuit on behalf of LGBT youth. Knight added that, however, much work needs to be done to also ensure protections for trans youth, as well. 'It's a long road we are fighting on, and we still have a long way to go,' Knight said.
That discussion led to what Coles described as 'the toughest problem we face': gender identity discrimination. Much like LGBT youth in juvenile facilities and detention centers, Coles said we are where we were 30 years ago.
According to Knight, work is being done in Wisconsin to strike down what he describes as one of the most anti-trans laws in the country, which prohibits the correctional facilities from providing medical treatment and surgery to trans prisoners. Both Coles and Knight agreed that there is much more work, such as this, to be done to help the transgender community across the country.
The fourth area of LGBT rights concerns family issues, such as adoption and foster care. 'In the end, I think the most important issues are about family,' Coles said.
A couple states in the U.S. have formal restrictions of gay adoption and foster parenting, and there are major custody battles going on in mostly the South.
'This is LGBT global warming, in the sense that what we hear all the time is, 'Well, you know, the jury is out and we need to do more studies and more investigation ( on LGBT parenting ) ,'' Coles said. 'That's simply not true. What every respectable social scientist or child welfare organization will tell you is, as with global warming, we've known the answer for a long time, and the answer is that sexual orientation has nothing to do with a person's ability to be a parent,' he added.
Coles knows that fights across the U.S. are far from over, but in terms of LGBT parenting, a lot of progress has been made.
'We're making enormous progress because we have the facts on our side,' Knight said. Coles added that the community and organizations need to continue to make sure fair-minded people understand the facts in favor of LGBT parenting.
Last, but not least, are the issues of same-sex marriage, civil unions and relationship recognition.
Coles said, 'People often say to me, 'Well, this has been a disaster, hasn't it? Twenty-six states have passed constitutional bans.' But it's not 26-0. Right now it's 26-7.' Some states have either same-sex marriage, civil unions or limited systems that recognize same-sex relationships, such as in Hawaii and Maine. Coles is positive that at least two more states will join the bus this year in providing civil unions.
Both Coles and Knight are positive about the progress that has been made. However, Coles is cautious about this issue making it to the Supreme Court anytime soon, given how other fights to gain civil liberties have played out in the past.
So where does Illinois fit into all of this?
'Much to everyone's surprise, we're making strides in Illinois,' Coles said, particularly in terms of the civil-union push started by Rep. Greg Harris, D-Chicago. He added that Illinois has also made strides in terms of working towards protecting LGBT youth, as well as passing a statewide non-discrimination law.
Knight expressed that he is very hopeful Illinois will soon have civil unions to add to the list. 'I think we have a significant number of yes votes, and a significant number of maybes who are in districts with a large number of gay people who can be moved.'
But a lot of could-be success lies not in the hands of Illinois' great lobbyists and lawyers, but in everyday LGBT folks across the state. Coles has two nuggets of advice for LGBT Illinoisans. First, 'Like E.T., phone home,' Coles advised. LGBT people need to talk to their friends and family not only about how ordinary they really are, but also the hardships they face due to a lack of rights and protections. Secondly, LGBT folks and their supporters need to contact their state representatives and voice their support of civil-union legislation.
Getting a civil-union bill passed in the Midwest is crucial, and will create a ripple effect in the center of the nation, Coles and Knight agreed. Starting with Illinois comes as a surprise to many, Coles added. 'I think nobody would have thought, if you asked people three or four years ago where we're going to make our way through the center of the country. They would have said Minnesota, Wisconsin or they might have even said Iowa. They would not have said Illinois. But we can do this. … Having the state of Illinois would be an earthquake in the national movement that would shake up a lot of other places.'
