A lawsuit has been filed by two public school districts, parents, and lawmakers in Pennsylvania challenging anti-discrimination protections for gay and transgender individuals in the state. The lawsuit claims that the regulations are illegal as they go beyond the intentions of lawmakers and would prevent the Pennsylvania Human Relations Commission from investigating discrimination complaints related to sexual orientation, gender identity, and gender expression. The plaintiffs argue that a favorable ruling would also prevent transgender student athletes from participating in women’s high school sports.
The lawsuit specifically targets the expanded definition of sex discrimination by the commission, which was approved in 2022 and took effect in 2023. The plaintiffs argue that the commission did not have the authority to expand the definition of sex discrimination without permission from the state Legislature. They contend that the state Supreme Court has defined sex as either male or female in the Pennsylvania Constitution, and the commission’s regulation violates the Legislature’s authority over lawmaking.
The lawsuit has drawn attention to the ongoing debate over transgender individuals’ rights and their ability to participate in sports in Pennsylvania and across the country. Democratic lawmakers have previously attempted to include sexual orientation, gender identity, and gender expression in the Human Relations Commission’s jurisdiction, but these efforts have been consistently blocked by Republican lawmakers. The lawsuit targets Governor Josh Shapiro and the commission, but both have yet to respond to the lawsuit.
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