You may have read about the recent case where the state granted three transgender individuals new birth certificates reflecting their correct genders. The Chicago Tribune spoke with ACLU of Illinois Lesbian, Gay, Bisexual & Transgender Project Director John Knight about the recent class action suit stayed by a Cook County Circuit Court judge that would allow all transgender individuals the ability to change the gender marker on their birth certificates without having genital surgery:

"We're not happy about the stay," said John Knight, director of the Lesbian, Gay, Bisexual & Transgender Project at the ACLU of Illinois. "We think it's really just more delay, but the judge has allowed the state to have that time."

Knight said that even if the new regulations are approved, the ACLU will continue to ask for a stronger "enforceable agreement with the state" that will guarantee transgender Illinoisans cannot be denied a birth certificate gender change because they have had not had genital surgery.

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The Huffington Post picked up on the story of three transgender individuals who worked with the ACLU of Illinois to obtain corrected birth certificates. This article does a great job of highlighting that policies have yet to be set in place so that genital surgery is no longer considered a requirement for other transgender people who pursue changing the gender marker on their birth certificates:

In 2009, the agency settled a similar lawsuit, also filed by the ACLU of Illinois, by issuing three transgender individuals correct birth certificates and pledging to revisit their policies on the issue, according to the Windy City Times.But that did not happen, according to John Knight, director of the ACLU of Illinois's Lesbian, Gay, Bisexual & Transgender Project, and many trans individuals have remained unable obtain accurate birth certificates without considering undergoing costly, sometimes dangerous procedures they may not otherwise want or need.

"The state has given our clients assurance before that they would address this unconstitutional practice, only to return to it after some time passes," Knight said in a statement.

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Trudy Ring at the Advocate wrote a great article about the three transgender individuals who will receive new birth certificates reflecting their correct gender following an order by the Cook County Circuit Court judge. The Illinois Department of Public Health's Division of Vital Records had previously required genital surgery in order to receive accurate birth certificates for transgender individuals. This fall, a new rule will be considered by a legislative committee that would not require genital surgery in order to correct the gender marker on birth certificates for all transgender Illinoisans:

“We are pleased for our clients,” said John Knight, director of the Lesbian, Gay, Bisexual, and Transgender Project at the ACLU of Illinois, in a press release. “Their new birth certificates will reflect who they are today, and avoid any potential embarrassment, harassment or possible harm.”

“At the same time,” he added, “there has been no change in the rule as yet — and even the proposed rule includes no clear assurance that the state will not continue to require transgender individuals to undergo unnecessary surgeries. The court’s ruling granting birth certificates applies only to our three clients,” added Knight. “We continue to believe that there must be a written agreement or court order — enforceable by law — preventing the state from continuing to require genital surgery before transgender individuals can obtain an accurate birth certificate. The state has given our clients assurance before that they would address this unconstitutional practice, only to return to it after some time passes. It is essential that we have an enforceable agreement to prevent that from happening again.”

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