A lawsuit has been filed by two public school districts and several parents in Pennsylvania aiming to undo antidiscrimination protections for gay and transgender people. The lawsuit argues that the state’s regulation, which expands the definition of sex discrimination to include sexual orientation, gender identity, and gender expression, goes beyond what lawmakers intended or allowed. If successful, the Pennsylvania Human Relations Commission would no longer be able to investigate complaints involving these protections, and transgender student athletes would be barred from competing in women’s high school sports.
The plaintiffs in the lawsuit include two school districts, two Republican state lawmakers, three parents, and seven students. They argue that the regulation violates the state Legislature’s authority over lawmaking and that the term “sex” as used in the Pennsylvania Constitution should only refer to male or female.
The Pennsylvania Human Relations Commission justifies the expanded definition based on consistent interpretation with federal antidiscrimination laws. Democratic lawmakers have previously tried to change the law to include protections for sexual orientation, gender identity, and gender expression, but have been blocked by Republican lawmakers.
Governor Josh Shapiro, a Democrat, has supported legislation to protect LGBTQ rights in the past, while GOP-backed legislation to prohibit transgender athletes from competing in women’s sports has been criticized as “cruel.” Many other states have laws protecting LGBTQ individuals from discrimination in various areas, according to the Human Rights Campaign.
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