Protecting Trans Student’s Rights

The Illinois Human Rights Act provides critical protection for students in public and non-sectarian, private schools in our state. While leaders in other states have adopted legislation that denies the ability of trans, non-binary, intersex, gender non-conforming, and queer students to live their authentic lives at their school, Illinois has rejected this discrimination. This protection is a matter of fundamental fairness that must be followed by all school districts in the state.

But it can be a challenge for local school boards to uphold these fundamental rights when the individuals and groups attacking trans, non-binary, gender non-conforming, and queer students’ rights are the only ones who show up and speak out at public meetings. These groups often claim to speak for an entire community, but they do not.

When rights are being threatened in your community, each of us needs to show up and speak out.

If you are a student experiencing discrimination or your loved one has faced discrimination because of sexual orientation and gender identity at an Illinois public school, you can request legal assistance.

Talking point for speaking in support of trans, non-binary, gender non-conforming, and queer students’ rights:

School Sports and Activities

• Denying trans students’ equal access to sports and activities is discrimination and is against Illinois law.
• Under Illinois law, trans students at public schools or non-religious schools are allowed to participate equally in school trips and activities, including sports teams, that align with their gender identity.
• Affirmed by the Supreme Court in Little v. Hecox and West Virginia v. B.P.J, the decision whether to allow trans students to compete in sports consistent with their gender identity is determined by state law. The Court did not require states to ban trans students from sports or rule that a state law that protects the rights of trans student athletes is unconstitutional. School districts must adhere to the law of their state.
• Students often learn important life lessons and develop new skills and confidence by participating in extracurricular activities, including athletics. We should not deny those opportunities to students who are transgender, non-binary, or gender non-conforming.
• The Illinois Department of Human Rights (IDHR) and the Illinois State Board of Education (ISBE) make clear that public and non-religious schools must provide equal access to activities on school campuses and public spaces that students go to for a school activity, like at a park, museum, restaurant, library, or hotel.
• The Illinois High School Association has an eligibility process for transgender students to participate in high school sports. In 2024, only three students sought eligibility.

School Restrooms and Locker Rooms

• Under Illinois law, public and non-religious school students are allowed to use the restroom and locker room that aligns with their gender identity.
• It is discrimination, and a violation of Illinois law, for a public or non-religious school to force LGBTQ+ students to use a restroom or locker room based on their sex assigned at birth.
• Schools are a place for students to grow and learn but targeting LGBTQ+ students by treating them differently denies them an opportunity for affirmation and integration into a school community.
• There are no known incidents of harassment by a transgender student in a restroom or locker room.
• The Illinois Department of Human Rights (IDHR) and the Illinois State Board of Education (ISBE) have stated that trans, non-binary, and gender non-conforming students are allowed to use facilities that they prefer, or that align with their gender identity.