In Harrisburg, Pennsylvania, a lawsuit has been filed by two public school districts and several parents aiming to challenge the stateโs antidiscrimination protections for gay and transgender individuals. Initiated in the Commonwealth Court, the lawsuit argues that the current regulation, which has been in place for two years, oversteps the boundaries set by lawmakers and extends beyond what they intended or allowed.
This legal action arrives amidst a broader national discussion regarding the rights of transgender athletes at the high school level, particularly concerning their participation in womenโs sports. Should the lawsuit succeed, the Pennsylvania Human Relations Commission would no longer have the authority to address discrimination complaints related to sexual orientation, gender identity, and gender expression. Lawyers representing the plaintiffs also argue that a favorable court decision would prevent transgender student athletes from participating in womenโs high school sports within the state.
The plaintiffs in this case include the South Side Area and Knoch school districts, located in western Pennsylvania, along with Republican state Representatives Aaron Bernstine and Barbara Gleim. Moreover, the lawsuit is supported by three parents and seven students.
Named in the suit are Governor Josh Shapiro, a Democrat, and the Pennsylvania Human Relations Commission, entities responsible for investigating discrimination complaints related to race, sex, religion, age, or disability within the areas of housing, employment, and public accommodations. As of Friday, Governor Shapiroโs office refrained from commenting, and the commission has yet to respond to inquiries regarding the lawsuit.
The core issue at hand revolves around the definition of sex discrimination. According to the plaintiffs, the state Supreme Court has historically interpreted โsexโ to mean strictly male or female, as outlined in the Pennsylvania Constitution. They argue that the assembly never authorized the Human Relations Commission to modify this definition, thus positioning the current regulation as a breach of legislative authority.
In its defense, the commission points out that Pennsylvaniaโs antidiscrimination laws are interpreted in parallel with federal legislation, a stance validated by state court rulings. Additionally, the commission possesses the power to negotiate settlements or impose penalties such as compensatory damages or back pay.
For years, Democratic legislators have endeavored to update the law, aiming to formally add sexual orientation, gender identity, and gender expression to the categories the Human Relations Commission can investigate. These efforts, however, have consistently faced opposition from Republican lawmakers. Governor Shapiro has expressed support for Democratic initiatives and criticized Republican-backed proposals restricting transgender athletes, previously labeling such measures as โcruel.โ
Most states have enacted laws prohibiting discrimination against gay or transgender individuals in employment, housing, and public services, or have established mechanisms to address such complaints, as pointed out by the Human Rights Campaign, an organization advocating for LGBTQ equality.