Panel Pa. House introduces package of bills codifying protections for LGBTQ people

On Tuesday, a House committee advanced a package of bills aimed at strengthening and codifying LGBTQ protections in Pennsylvania.

The seven proposals would include:

• Expanding state nondiscrimination laws apply to LGBTQ people.
• Expand the statutory definition hate crimesnow called ethnic intimidation, which includes actions that target people based on their sexual orientation, gender identity or gender expression.
• Redefine marriage in state code officially include same-sex couples.
• Eliminate sentencing enhancements for people infected with HIV who commit crimes such as prostitution. Bill sponsor, Rep. Ben Waxman (Philadelphia) argues decriminalizes a stigmatized disease, especially now when treatment can make it non-transmissible.
• Get rid of which is known as “defense against LGBTQ+ panic”, which could be argued to reduce a murder charge to manslaughter if the defendant claims to have been provoked into action by the disclosure of information about his victim’s sexual orientation or gender.
• Eliminate public notice requirements for petitioners to legally change their name if they do so to reflect their gender identity. Generally, Pennsylvania residents are required to publish notice of their intention in two newspapers before they can do so.

Support largely fell along partisan lines, and the meeting became controversial at times. Republicans have raised concerns that expanding discrimination protections for LGBTQ residents in Pennsylvania could clear the way for transgender girls to compete in school sports or require gender-segregated spaces, such as locker rooms and shelters, to accommodate transgender people.

Rep. Malcolm Kenyatta (Philadelphia), the lead sponsor of a bill known as the Fairness Act that seeks to expand state nondiscrimination laws, said the proposals do not apply to sports, bathrooms or any other specific space.

The bill would also add language to state nondiscrimination laws to clarify that they do not require a person, church, or religious organization to conduct in a way that “substantially burdens the free exercise of religion without a compelling interest and using the least restrictive means to further the compelling interest.”

Religious liberty, however, remained a concern for Republicans on the committee, with Republican co-chair Rob Kauffman (R-Franklin) calling the protections “illusory.”

“The idea that we do not 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 community is better when it is more equitable,” said Rep. Jessica Benham (D-Allegheny), a co-sponsor of the bill.

Nearly all of the measures passed on partisan lines, with the bill codifying same-sex marriage protections receiving two Republican votes from Reps. Timothy Bonner (Mercer) and Brenda Pugh (Luzern).

Proposals supporting legislation similar to many of the measures passed Tuesday were introduced in the House or introduced in the Republican-controlled Senate, but never made it through both chambers.

For example, Rep. Rob Frankel (D-Allegheny), who sponsored previous versions of the Fairness Act, said in a statement that he has been trying to expand discrimination protections in the state for more than 20 years.

“When talented people are excluded or marginalized, our communities lose,” he said. “The Fairness Act helps ensure that opportunities in Pennsylvania are truly open to all.”

Democrats also on the Judiciary Committee once again moved a GOP proposal that would ban transgender girls from school sports to another committee before Republicans can force a vote on it. This is a maneuver the party has used several times before.

This bill passed the Senate with bipartisan support last May.