Two public school districts and several parents are challenging Pennsylvania’s expanded anti-discrimination regulations, which offer protections for LGBTQ+ individuals, in a lawsuit filed Thursday. The plaintiffs argue that the two-year-old regulation oversteps the intent of lawmakers and is therefore illegal.
The lawsuit, submitted to Pennsylvania’s Commonwealth Court, is part of a broader, national conversation about the rights of transgender individuals, especially in relation to high school sports and transgender athletes competing in women’s competitions. The plaintiffs seek to overturn a state regulation that has broadened the scope of sex discrimination to include sexual orientation, gender identity, and gender expression, which they argue was never authorized by the state legislature.
If successful, the lawsuit would strip the Pennsylvania Human Relations Commission (PHRC) of its ability to investigate discrimination claims related to sexual orientation, gender identity, and gender expression. Additionally, the plaintiffs hope the ruling would restrict transgender students from competing in women’s high school sports within the state.
School Districts and State Lawmakers Among Plaintiffs
The lawsuit was filed by two school districts from western Pennsylvania — South Side Area School District and Knoch School District — along with two Republican state lawmakers, Reps. Aaron Bernstine and Barbara Gleim. Three parents and seven students are also named as plaintiffs in the case.
The defendants include Governor Josh Shapiro, a Democrat, and the Pennsylvania Human Relations Commission, an agency responsible for investigating discrimination in housing, employment, and public accommodations based on race, sex, religion, age, and disability.
On Friday, Shapiro’s office declined to comment on the lawsuit, and the PHRC did not immediately respond to requests for a statement.
Legal Basis of the Lawsuit
The central issue in the lawsuit revolves around the expanded definition of sex discrimination in Pennsylvania’s anti-discrimination law, which was implemented by the Human Relations Commission in 2023. The plaintiffs contend that the Pennsylvania Supreme Court has historically interpreted “sex” as either male or female, and they assert that the legislature did not authorize the commission to expand this definition through regulation.
The plaintiffs argue that this regulatory change encroaches on the legislature’s constitutional authority to make laws. They assert that the state constitution requires lawmakers, rather than state agencies, to decide on such fundamental definitions of discrimination.
In contrast, the PHRC justifies its expanded interpretation by citing the Pennsylvania courts’ practice of aligning state anti-discrimination laws with federal guidelines. The commission has authority to handle discrimination complaints and can negotiate settlements, impose civil penalties, or award damages, including back pay.
Background on Pennsylvania’s LGBTQ+ Anti-Discrimination Efforts
The regulation in question was passed in late 2022 and took effect in early 2023. This change came after years of debate in the state legislature, where Democratic lawmakers had repeatedly attempted to pass legislation that would explicitly include sexual orientation, gender identity, and gender expression under the scope of discrimination protections. However, these efforts were consistently blocked by Republican lawmakers.
The regulation came about through a process involving a regulatory gatekeeper agency, which approved the new rule after receiving input from various stakeholders. The regulation’s approval marked a significant victory for LGBTQ+ advocacy groups, who had long pushed for these additional protections, especially for transgender individuals who often face discrimination in housing, employment, and public spaces.
Impact of the Lawsuit
The lawsuit’s potential impact is significant, particularly for the LGBTQ+ community in Pennsylvania. If the courts side with the plaintiffs, it could severely limit the state’s ability to protect individuals from discrimination based on sexual orientation and gender identity. This could also set a precedent for other states looking to roll back similar protections.
The issue of transgender athletes competing in women’s sports is a hotly debated topic in Pennsylvania and across the U.S., with opponents arguing that transgender women have an unfair advantage over cisgender women in some sports. Supporters of transgender rights, however, argue that inclusive policies are necessary to ensure that transgender individuals have equal opportunities and protections.
Next Steps
The lawsuit is still in its early stages, and it remains to be seen how the courts will address the broader implications of expanding anti-discrimination laws. Legal experts predict that the case could be one of several in the coming years challenging LGBTQ+ protections across the country, particularly as conservative lawmakers continue to push back against policies they view as overreaching.
For now, both sides of the debate continue to press forward, with LGBTQ+ advocates watching closely as Pennsylvania’s legal system examines the scope and future of anti-discrimination protections in the state.
The case is expected to proceed over the coming months, and its outcome could have broader implications for how LGBTQ+ individuals are protected under state laws, particularly regarding discrimination and participation in high school sports.
