Bill proposes to make Illinois a sanctuary for trans, gender diverse people

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The Illinois State Capitol in Springfield. Photo by Tom Wray

The Gender Affirming Healthcare Protection Act, SB4245, was introduced by State Sen. Mike Simmons (D-Chicago) on Tuesday, Nov 22.

SB4245 would effectively make Illinois a sanctuary state for trans and gender non-conforming people. The proposed bill would also bar extradition of LGBTQIA individuals and providers charged under new anti-trans laws in other states across the country.

The summary states that SB425: “Creates the Gender-Affirming Health Care Protection Act. Restricts the State from: (1) applying a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; (2) enforcing or satisfying a civil judgment received under a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; or (3) aiding or intentionally participating in a criminal investigation, arrest, search, or detention of an individual pursuant to a criminal law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care.”

The proposed ‘Gender-Affirming Healthcare Protection Act’, would prohibit “a law enforcement officer from knowingly participating in the arrest of an individual pursuant to an out-of-state arrest warrant issued solely on the basis of the individual providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care”

The Act would make important amendments and changes to existing legislation, such as amending the Uniform Criminal Extradition Act. The Uniform Criminal Extradition Act would then prohibit the Governor “from complying with a demand of another state to surrender an individual for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care.” SB4245 also amends the Code of Civil Procedure, which “restricts a subpoena from being issued if the subpoena is based on a violation of another state’s laws that interfere with a person’s right to allow a child to receive gender-affirming care.”

Illinois’ ‘Gender-Affirming Healthcare Protection Act’ would further restrict “a person or entity from releasing medical information based on another state’s laws that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming care.”

Lastly, SB4345 would make “conforming changes in the Uniform Interstate Depositions and Discovery Act.” 

According to the bill’s original text, SB4245, ‘Gender-Affirming Healthcare Protection Act’ would be effective June 1, 2023. If passed, SB4245 would make Illinois a sanctuary state for transgender and gender diverse people across the country. Illinois would be on the frontier of transgender sanctuary states. Among them California, which passed a sanctuary bill on Sept. 30.

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