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City of Chicago v. Wallace Wilson and Kim Kimberley

389 N.E.2d 522, 75 Ill. 2d 525, 27 Ill. Dec. 458 (1978)

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City of Chicago v. Wallace Wilson and Kim Kimberley

Illinois Supreme Court
389 N.E.2d 522, 75 Ill. 2d 525, 27 Ill. Dec. 458 (1978)

  • Written by Haley Gintis, JD

Facts

In 1974 law-enforcement officers arrested Wallace Wilson and Kim Kimberley (defendants) for violating a municipal ordinance that made it a misdemeanor for an individual to appear in public wearing clothes not in conformity with the individual’s sex. Wilson and Kimberley were charged with misdemeanors. In response, Wilson and Kimberley appealed on the ground that the ordinance was an unconstitutional infringement on their liberty interests. Wilson and Kimberley argued that they were undergoing psychiatric therapy in preparation for sex-reassignment operations and were instructed to practice appearing in public as females prior to the surgery. The city of Chicago (plaintiff) (the city) claimed that the ordinance was designed to protect citizens from being misled by someone’s sex and to prevent antisocial conduct that violated societal norms. However, the city failed to address how cross-dressing in preparation for sex-reassignment surgery was harmful to society. The Illinois Supreme Court reviewed the case.

Rule of Law

Issue

Holding and Reasoning (Moran, J.)

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