Pennsylvania’s state House of Representatives passed a bill on Tuesday that broadens protections for LGBTQ+ people. This legislation represents the first of its kind to make it this far, despite years of efforts by Democrats. The bill passed 102-98 in the House, where Democrats have a slim majority, and it will now move on to the Republican-controlled Senate, where it faces a challenging path.
Under the bill, it would be illegal to discriminate against LGBTQ+ people in housing, workplaces, and public services. The legislation would add the categories of “sexual orientation, gender identity or expression” to a law that empowers the state Human Relations Commission to investigate complaints of discrimination based on race, sex, religion, age, or disability. The commission can impose civil penalties, such as back pay or damages.
While at least 22 other states have enacted similar laws, Pennsylvania is the only state in the northeast that has not codified these measures, according to data from the Human Rights Campaign.
The bill’s sponsor, Rep. Malcolm Kenyatta, D-Philadelphia, said writing those legal protections into law will give them more security than what courts or the Human Relations Commission can guarantee. Legislators debated the measure for about an hour on the floor, with opponents saying it would infringe on religious rights. But they also asserted the measure would force athletic teams to allow transgender athletes to play on teams that match their gender identity, use bathrooms that correspond to their gender identity or force doctors to perform gender-affirming care — concerns that the bill’s maker repeatedly said are unfounded.
Despite emotional pleas by Kenyatta, opponents aired concerns that it could create new forms of discrimination. All but one Democrat supported it, while all but two Republicans opposed it. The bill has an uncertain future in the Senate, where Republicans hold a majority. The chamber’s Republican majority leaders for years have blocked such legislation, and the bill could be a test of Gov. Josh Shapiro’s ability to advance campaign goals in a divided Legislature early into his first term.
This legislation has long been supported by LGBTQ+ advocates, and even a priority of former Gov. Tom Wolf, but it has failed to get a floor vote in either chamber, despite clearing committee years ago. Until this bill gets to the governor’s desk, there will be a lot of people who will lie about this legislation, but we’re not going to be distracted.