A group of two public school districts, several parents, and two Republican state lawmakers have filed a lawsuit against the state of Pennsylvania in an attempt to overturn antidiscrimination protections for gay and transgender individuals. They argue that the regulations, which were expanded to include sexual orientation, gender identity, and gender expression, exceed the intended scope of the law.
If successful, the lawsuit would prevent the Pennsylvania Human Relations Commission from investigating discrimination complaints related to sexual orientation and gender identity. Additionally, it would bar transgender student athletes from competing in women’s high school sports in the state.
The plaintiffs claim that the regulation goes against the Pennsylvania Constitution’s interpretation of the term “sex” as meaning either male or female. They argue that the State Legislature did not authorize the Human Relations Commission to expand the definition of sex discrimination in this way.
The lawsuit has prompted a debate over transgender athletes’ rights in high school sports and highlights a larger national conversation about LGBTQ rights and discrimination. Democratic lawmakers have previously attempted to change the law to include protections for sexual orientation and gender identity, but have been blocked by Republican lawmakers.
The Pennsylvania Human Relations Commission has defended its expanded definition of sex discrimination by citing federal antidiscrimination law and the need for consistent interpretation of state laws. Governor Josh Shapiro and the commission have not yet commented on the lawsuit.
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