Pa. House Committee Advances LGBTQ Protections, Faces Republican Opposition

A package of bills aimed at bolstering and formalizing protections for LGBTQ Pennsylvanians moved forward in a state House committee on Tuesday, despite strong opposition from Republican lawmakers.

The seven proposals seek to expand nondiscrimination laws to include sexual orientation and gender identity. However, the proceedings were marked by partisan divisions, with Republicans voicing concerns about potential impacts on areas like school sports and gender-segregated spaces.

Rep. Malcolm Kenyatta (D-Philadelphia), the primary sponsor of the Fairness Act, emphasized that the legislation does not address issues related to sports participation or bathroom access. The Fairness Act includes language designed to protect religious freedom, stating that it does not require any person, church, or religious organization to act in a way that “constitutes a substantial burden on the free exercise of religion without a compelling interest and through the least restrictive means of furthering the compelling interest.”

Despite these assurances, Republican members of the committee remained skeptical. Rep. Rob Kauffman (R-Franklin), co-chair of the committee, characterized the protections as “illusory.”

Rep. Jessica Benham (D-Allegheny), a co-sponsor of the bill, countered that the idea of equal rights should not be contentious. “The idea that we don’t deserve to be discriminated against because of who we are or who we love should not be seen as controversial. We understand, and most Pennsylvanians believe, that our commonwealth is better when it’s fairer,” she stated.

One bill, codifying same-sex marriage protections, garnered support from two Republican representatives: Reps. Timothy Bonner (R-Mercer) and Brenda Pugh (R-Luzerne). The remaining measures largely passed along party lines.

Similar legislation has previously been introduced in the Pennsylvania House and Senate, but has consistently failed to gain passage in both chambers. Rep. Dan Frankel (D-Allegheny), a long-time advocate for LGBTQ rights, has sponsored previous versions of the Fairness Act for over 20 years. Frankel stated, “When talented people are excluded or marginalized, our communities lose out. The Fairness Act helps ensure that opportunity in Pennsylvania is truly open to all.”

In a separate action, Democrats on the Judiciary Committee again deferred a vote on a Republican proposal to ban transgender girls from participating in school sports, a tactic they have employed previously. That bill passed the Senate with bipartisan support last May.

The Pennsylvania LGBT Equality Caucus, formed in 2011 by Rep. Dan Frankel and Rep. Babette Josephs, currently includes two openly LGBTQ members: Rep. Brian Sims (D – 182) and Rep. Mike Fleck (R – 81). As of May 2013, the caucus had 58 members from the Pennsylvania General Assembly.