Lawsuit aims to strike down LGBTQ antidiscrimination protections in Pennsylvania

HARRISBURG, Pa. (AP) — Two public school districts and several parents have sued the state in a bid to undo antidiscrimination protections for gay and transgender people in Pennsylvania, saying that the two-year-old regulation is illegal because it goes beyond what lawmakers intended or allowed.

The lawsuit, filed in the statewide Commonwealth Court late Thursday, comes amid a debate in Pennsylvania and nationally over the rights of transgender high school athletes to compete in women’s sports.

If the lawsuit is successful, the Pennsylvania Human Relations Commission would no longer be able to investigate complaints about discrimination involving sexual orientation, gender identity and gender expression. The plaintiffs’ lawyers also say a favorable ruling in court would bar transgender student athletes from competing in women’s high school sports in Pennsylvania.

The plaintiffs include two districts — South Side Area and Knoch, both in western Pennsylvania — and two Republican state lawmakers, Reps. Aaron Bernstine and Barbara Gleim, as well as three parents and seven students.

The lawsuit names Gov. Josh Shapiro, a Democrat, and the Pennsylvania Human Relations Commission, which investigates complaints about discrimination because of someone’s race, sex, religion, age or disability in housing, employment and public accommodations.

Shapiro’s office said it had no immediate comment Friday and the commission did not immediately respond to an inquiry about the lawsuit Friday.

The lawsuit is aimed at the definition of sex discrimination that the commission expanded by regulation to include sexual orientation, gender identity and gender expression.

The regulation was approved in late 2022 by a separate regulatory gatekeeper agency, and it took effect in 2023.

The plaintiffs contend that the state Supreme Court has interpreted the term “sex” as used in the Pennsylvania Constitution to mean either male or female.

They also contend that the state Legislature never gave permission to the Human Relations Commission to write regulations expanding the legal definition of sex discrimination, making the regulation a violation of the Legislature’s constitutional authority over lawmaking.

The commission has justified the expanded definition by saying that state courts have held that Pennsylvania’s antidiscrimination laws are to be interpreted consistently with federal antidiscrimination law. The commission can negotiate settlements between parties or impose civil penalties, such as back pay or damages.

For years, Democratic lawmakers tried to change the law to add the terms sexual orientation, gender identity and gender expression to the portfolio of complaints that the Human Relations Commission could investigate. Every time, Republican lawmakers blocked the effort.