Two public school districts in Pennsylvania, along with several parents, have filed a lawsuit against the state. They aim to challenge recent antidiscrimination protections for gay and transgender individuals. The plaintiffs argue that these protections, established just two years ago, exceed what state lawmakers intended or allowed.
The lawsuit was submitted to the Commonwealth Court of Pennsylvania on Thursday. It comes at a time when there is a national conversation about the rights of transgender athletes, particularly regarding their participation in women’s sports. If the lawsuit succeeds, it could prevent the Pennsylvania Human Relations Commission from investigating complaints related to sexual orientation, gender identity, and gender expression. Additionally, it could restrict transgender student athletes from competing in women’s high school sports across the state.
The plaintiffs include two school districts—South Side Area and Knoch—located in western Pennsylvania. They are joined by two Republican state lawmakers, Reps. Aaron Bernstine and Barbara Gleim, along with three parents and seven students. The lawsuit targets Governor Josh Shapiro and the Pennsylvania Human Relations Commission, which is responsible for addressing discrimination complaints based on race, sex, religion, age, or disability in various areas, including housing and employment.
The core of the lawsuit revolves around the definition of sex discrimination. The commission expanded this definition to include sexual orientation, gender identity, and gender expression in 2022, a change that took effect in 2023. The plaintiffs contend that the Pennsylvania Supreme Court has defined "sex" strictly as male or female and assert that the state Legislature did not authorize the commission to broaden this definition, thus violating legislative authority.
The commission defends its expanded definition by citing state court rulings that align Pennsylvania’s antidiscrimination laws with federal standards. This allows the commission to mediate disputes and impose penalties, such as damages or back pay, for discrimination cases.
For years, Democratic lawmakers have sought to amend the law to include protections for sexual orientation and gender identity, but these efforts have consistently faced opposition from Republican lawmakers. Governor Shapiro has previously supported such legislation and criticized GOP efforts to limit transgender athletes’ participation in women’s sports as “cruel.”
According to the Human Rights Campaign, most states have laws that protect against discrimination based on sexual orientation or gender identity, allowing for the investigation of related complaints. The outcome of this lawsuit could have significant implications for the rights of LGBTQ individuals in Pennsylvania.