Pictured Greg Harris and Ald. Hansen speaking casually with activists before the City Council Nov. 6 vote. #2 Ald. Mary Ann Smith and Ald. Helen Shiller with Mary Morten. #3 Morten with Ald. Billy Ocasio and Bill Greaves. #4 Activists after the victory, from left: Marsha Jackson, Phil Hannema, Bill Greaves, Robert Castillo, John Pennycuff, Mary Morten and Miranda Stevens-Miller. Photos by Tracy Baim
With little opposition and no discussion, the Chicago City Council last week approved adding gender-identity protections to the city's Human Rights and Fair Housing ordinances, as part of an omnibus package of other bills. The measure, which also changes city personnel code, will go into effect Nov. 13.
Mayor Richard Daley supported the measure, and aldermanic co-sponsors lobbied their colleagues to make sure they did not try to open debate on the floor of the Nov. 6 City Council meeting. Most of the aldermen seemed preoccupied with the media attention on the vote to raise aldermanic and mayoral wages, as well as the minimum wage for city employees and those doing business with the city.
The dozen or so GLBT supporters of the measure sat patiently through city proclamations, financial and zoning business until the gender-identity proposal was offered up by Human Relations Committee Chair Ald. Billy Ocasio, who had spearheaded a unanimous vote for the bill in his committee.
After Ocasio introduced the bill, it was then quickly moved to be included in the omnibus package of bills, without debate.
Before the measure was introduced, aldermen including Mary Ann Smith ( 48th ) , Helen Shiller ( 46th ) , Bernie Hansen ( 44th ) , and Ocasio ( 26th ) assured the activists that those who opposed the measure would not speak against lumping it in the omnibus bill. Smith's openly gay Chief of Staff, Greg Harris, and Mayor's GLBT liaison Bill Greaves, were in the City Council for last-minute negotiations. Former Mayor's GLBT liaison Mary Morten, who had worked on the bill, was also in the audience.
Members of It's Time, Illinois ( now the Illinois Gender Advocates ) , Equality Illinois, and ACGLI all attended the City Council vote. IGA had worked on the measure for seven years. ACGLI's Robert Castillo was particularly pointed out for his work on the measure. Castillo and his partner John Pennycuff were constant advocates for the amendment.
"I am proud that Chicago has set an example of standing by its gay, lesbian, bisexual, and transgender communities, providing domestic partnership benefits, proclaiming their achievements and contributions for everyone to acknowledge and appreciate, and now, extending legal protections against discrimination," said Mayor Richard Daley.
"The amendment's passage has been a priority for our Council for four years: I applaud the many social justice advocates who worked tirelessly to reach this moment," said Laura Rissover, ACGLI chair.
"I'm so proud that Chicago has joined the growing list of jurisdictions that recognize our community is entitled to the same rights and protections as everyone else. Thank you, Mayor Daley, for your support," said IGA Chair Beth Plotner.
"I am grateful to all the wonderful people who have helped make the passage of this ordinance a reality," said Miranda Stevens-Miller, political director of IGA.
The bill defines "Gender identity" as "the actual or perceived appearance, expression, identity or behavior of a person as being male or female, whether or not that appearance, expression, identity, or behavior is different from that traditionally associated with the person's designated sex at birth."
It amends the Chicago personnel ordinance, which covers people employed by the city; it amends the city's Fair Housing Ordinance; and it amends the Human Rights Ordinance, which covers employment, public accommodations, and credit.
It also amends the Advisory Council on Gay and Lesbian Issues, making it the Advisory Council on Lesbian, Gay, Bisexual and Transgender Issues.
The Chicago Department of Public Health Office of Violence Prevention, the American Civil Liberties Union, and Lambda Legal Defense and Education Fund also helped frame the language of the ordinance and lobby for the law.
Heather Sawyer of Lambda Legal Defense provided the wording in the public accommodations section of the ordinance. "Without her contribution, the ordinance would not have passed," Greaves said.
Since the current Human Rights and Fair Housing Ordinances were passed in 1990, the Commission on Human Relations has received several complaints in which gender expression was the basis for the discrimination. In 1996, a legal ruling said such discrimination could be filed under the category of "disability" and, when possible, that is how the Commission has adjudicated such cases. The new amendment will close this loophole and provide a straightforward way to adjudicate these cases. The amendment also will provide a clear remedy for people who feel they are being discriminated against on the basis of their gender expression without their having to declare themselves disabled.
Chicago joins at least 49 jurisdictions that have laws prohibiting discrimination based on gender identity, including Boston, New York, Philadelphia, Dallas, New Orleans, Tucson, and San Francisco.