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LGBTQ rights in Pennsylvania

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LGBTQ rights in Pennsylvania
Pennsylvania (US)
StatusLegal since 1980
(Legislative repeal in 1995 and 2022)
Gender identityTransgender individuals allowed to change legal gender on birth certificate and driver's license
Discrimination protectionsEmployment protections only
Family rights
Recognition of relationshipsSame-sex marriage since 2014
AdoptionYes

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

Discrimination on the basis of sexual orientation and gender identity is not explicitly banned in the state, though some cities and counties ban such discrimination, including Philadelphia, Pittsburgh, Allentown, Erie and Reading (the five most populous cities in the state). Some cities and counties within Pennsylvania also ban conversion therapy on minors.[1]

On June 15, 2020, in Bostock v. Clayton County, Georgia, the U.S. Supreme Court ruled that discrimination in the workplace on the basis of sexual orientation or gender identity is discrimination on the basis of sex, and Title VII therefore protects LGBT employees from workplace discrimination.

Both Philadelphia and Pittsburgh have vibrant LGBT communities, with pride parades having been held since the 1970s and attracting more than 100,000 attendees as of 2017.[2][3]

Legality of same-sex sexual activity

Pennsylvania has repealed its sodomy statutes incrementally. In 1972, legislation legalized consensual sodomy for heterosexual married couples. In 1980, the Supreme Court of Pennsylvania ruling in Commonwealth v. Bonadio found Pennsylvania's sodomy law unconstitutional as violating the equal protection guarantees of both the state and federal constitutions.[4] Pennsylvania repealed its remaining sodomy laws in 1995. In December 2021, an 81 year old gay man within Pennsylvania went to jail due to an “archaic sexual deviant law without trial” for nearly 2 years because he had oral sex within a nursing home, which staff alleged was non-consensual.[5][6]

Obscenity statute

In March 2021, the small township of Upper Darby discovered a 1987 anti-obscenity ordinance which defined "sexual conduct" as including "acts of masturbation, homosexuality, sexual intercourse, sexual bestiality" and other sexual conduct. Arguing that a law against the public display of "acts of homosexuality" to minors could be read broadly to make even a Pride Parade "obscene" under the ordinance, local activist Damien Christopher Warsavage led the charge to have the ordinance repealed in its entirety,[7] which succeeded.[8][9] During this process, the town discovered that this ordinance paralleled a state obscenity law (18 PA 5903[10] ), which led to two votes in May 2021 at the Pennsylvania General Assembly to remove "acts of homosexuality" from the statute. Both votes failed. In July 2022, the Pennsylvania General Assembly passed a bill unanimously in both houses to repeal the archaic two word references "homosexuality" - within the criminal code of Pennsylvania (listed under obscenity). The Governor of Pennsylvania Tom Wolf signed the bill into law and went into effect immediately in the same month.[11][12]

Recognition of same-sex relationships

Main article: Same-sex marriage in Pennsylvania
Map of Pennsylvania counties, cities, and boroughs that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

Same-sex marriage was legalized in Pennsylvania on May 20, 2014, when U.S. District Court Judge John E. Jones III ruled in Whitewood v. Wolf that the state's statutory ban on such marriages was unconstitutional.[13] After the ACLU filed the lawsuit in federal court on July 9, 2013, Attorney General Kathleen Kane said she would refuse to defend the statute.[14]

Previously, Pennsylvania did not recognize same-sex marriages, civil unions, or domestic partnerships. Attempts had been made in recent years to allow for such unions. There had also been attempts to amend the State Constitution to prohibit same-sex marriage.

Local domestic partnerships

While domestic partnerships were never offered statewide, the city of Philadelphia offers 'life partnerships' in the case of a "long-term committed relationship between two unmarried individuals of the same gender who are residents of the city; or one of whom is employed in the city, owns real property in the city, owns and operates a business in the city, or is a recipient of or has a vested interest in employee benefits from the City of Philadelphia."[15][16] The city of Pittsburgh also provides domestic partnerships.[17] County employees in Luzerne County are required to identify if they are in a domestic partnership, which is explicitly defined as being between people of the same gender.[18]

Adoption and parenting

Pennsylvania allows a single person to adopt without respect to sexual orientation.[19]

Until 2002, Pennsylvania did not permit stepchild adoption by a person of the same sex as the first parent. A 6-0 ruling by the Supreme Court of Pennsylvania established the right of same-sex couples to stepchild adoptions.[20] No statute prohibits a same-sex couple from adopting a child jointly.[19]

Hate crime law

Pennsylvania passed a hate crime law in 2002 that covered LGBT people,[21] but the Pennsylvania Supreme Court struck it down in 2008 on a technicality: legislators inserted the language into an unrelated bill on agricultural terrorism, changing that bill's purpose during the legislative process, which violates the Pennsylvania Constitution.[citation needed] Legislation was introduced in several sessions to reinstate the law, but it never made it out of committee.[22][23][24]

In April 2021, the Mayor of Pittsburgh Bill Peduto indicated that “he would sign a city-wide hate crime ordinance - to explicitly include sexual orientation, gender identity and disability, that goes much further than that of state law”.[25]

Discrimination protections

Further information: LGBT employment discrimination in the United States
See also: List of cities and counties in the United States offering an LGBT non-discrimination ordinance § Pennsylvania
Map of Pennsylvania counties, cities, townships, boroughs, and unincorporated communities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment
  Sexual orientation and gender identity solely in state employment

There are statewide executive orders protecting LGBT individuals from workplace discrimination. In 1975, Pennsylvania became the first U.S. state in which an executive order was issued providing for discrimination protection on the basis of sexual orientation in state employment.[26] In 2003, gender identity was added to this executive order and the order has been reissued by every governor since then. On April 7, 2016, Governor Tom Wolf signed two executive orders, the first order prohibiting discrimination against state employees based on their sexual orientation, gender identity, HIV status and other factors and the second mandate banning state contractors from discriminating against their LGBT employees.[27]

For more than ten years, legislation that would protect LGBT people statewide from discrimination based on sexual orientation or gender identity has awaited action in the Pennsylvania General Assembly.[28] On December 17, 2013, Governor Tom Corbett announced his support for such legislation with respect to sexual orientation after learning that federal law did not already provide such protection as he had previously thought. He said he anticipated bipartisan support for the legislation.[29]

Many Pennsylvania municipalities and counties, including the five most populous cities, have enacted ordinances implementing such discrimination protections.[30]

Since August 2018, discrimination based on both sexual orientation and gender identity has been interpreted by the Pennsylvania Human Relations Commission as being banned under the category of sex of the Pennsylvania Human Relations Act.[31] LGBT people who have been discriminated against in employment, housing, education, and public accommodations can now file complaints with the Commission, which will investigate each complaint and can advise those responsible to stop a discriminatory practice, implement training, or award economic damages.[32] Pennsylvania was the second state to achieve statewide LGBT protections this way, following Michigan in May 2018. In December 2022, with implemented legally-binding regulations added and signed off by the Governor Tom Wolf (during his last executive direction decision) - under the "definition of sex", also explicitly includes sexual orientation and gender identity.[33]

In April 2023, a bill (HB300) formally passed the Pennsylvania House of Representatives[34] by a vote of 102-98 that would explicitly legally ban discrimination on the basis of sexual orientation and gender identity or expression. The bill awaits a vote within the Pennsylvania Senate.[35][36]

In May 2020, Pennsylvania became the only US jurisdiction to include both sexual orientation and gender identity in COVID-19 statistics and data collection.[37][38]

2020 ban on cannabis and LGBT pride flags

During the 2020 Pennsylvania General Assembly session, a Omnibus Budget Appropriations Bill that passed and was signed into law by Pennsylvania Governor Tom Wolf, it contained a ban on both cannabis and LGBT pride flags from flying at the Pennsylvania General Assembly that was "secretly added in" - it was not known or printed until right after the bill was signed into law.[39][40][41]

Gender identity and expression

Sex reassignment surgery is legal in the state.

In August 2016, the Pennsylvania Department of Health changed requirements for transgender people to change their gender on their birth certificates. Sex reassignment surgery is no longer a requirement. Instead, transgender persons will just have to present a note from a physician stating that they have had appropriate clinical treatment for gender transition. Additionally, children under 18 who wish to change their gender on their birth certificate will need their parents to make the request.[42]

Since July 1, 2020, Pennsylvania has a third gender option (known as "X") available on driver's licenses and state IDs - however not on individuals birth certificates.[43][44]

In November 2019 three legal ordinances related to gender identity were signed into law by the Mayor of Philadelphia, Jim Kenney. These laws prohibit youth-serving organizations from discriminating against trans, nonbinary, and gender-nonconforming youth; require every city-owned building to have at least one gender-neutral bathroom; and clarify that the city's Fair Practice Ordinance protects nonbinary and gender-fluid people against discrimination. These laws only apply within the City of Philadelphia.[45][46] In December 2021, all virtual public schools within the City of Philadelphia will include a selected legal non-binary gender X option alongside male and female.[47][48]

In June 2022, a bill to ban transgender individuals from playing sports, athletics and Olympics on female teams passed both houses of the Pennsylvania General Assembly. Several US states have already legally implemented similar legislation.[49] The Governor of Pennsylvania Tom Wolf vetoed the bill the next month in July 2022.[50]

Conversion therapy

Mylan CEO Heather Bresch at the 2016 Pittsburgh Pride parade
See also: List of U.S. jurisdictions banning conversion therapy

A bill to ban the use of conversion therapy on LGBT minors in Pennsylvania was introduced in the General Assembly in April 2015. The bill had 20 sponsors, all of whom were Democrats, but it died without any legislative action.[51]

On December 14, 2016, Pittsburgh became the first city in Pennsylvania to pass an ordinance that bans conversion therapy on minors. The ban was passed 9-0 and took effect on January 1, 2017.[52] Philadelphia and Allentown followed suit in July 2017.[53][54] Reading and Doylestown both enacted conversion therapy bans in December 2017.[55][56]

State College passed a ban in February 2018,[57] and Yardley did so the following month.[58] Both Bellefonte and Bethlehem followed suit in July 2018.[59][60]

Newtown Township, in Bucks County, unanimously voted to ban conversion therapy in November 2018. York also passed an ordinance banning conversion therapy in July 2023.[61][62]

Executive order

In August 2022, the Governor of Pennsylvania Tom Wolf signed an executive order effective immediately - to legally ban any state-based government funding going towards conversion therapy for individuals within Pennsylvania. About 50% of the jurisdictions/states within the United States of America has already implemented explicit bans on conversion therapy - with either by legislation or executive order.[63][64][65]

Public opinion

A 2017 Public Religion Research Institute (PRRI) poll found that 64% of Pennsylvania residents supported same-sex marriage, while 27% were opposed. 9% were undecided. Additionally, 69% supported an anti-discrimination law covering sexual orientation and gender identity. 23% were against. The PRRI also found that 62% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 30% supported such religiously-based refusals.[66]

Summary table

Same-sex sexual activity legal Yes (Since 1980; codified in 1995 and 2022)
Equal age of consent Yes
Anti-discrimination laws for sexual orientation Yes/No Employment only
Anti-discrimination laws for gender identity or expression No
Same-sex marriages Yes (Since 2014)
Recognition of same-sex couples Yes (Since 2014)
Stepchild adoption by same-sex couples Yes (Since 2002)
Joint adoption by same-sex couples Yes
Gays, lesbians and bisexuals allowed to serve in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military Yes/No (Most Transgender personnel allowed to serve openly since 2021)[67]
Transvestites allowed to serve openly in the military No[68]
Intersex people allowed to serve openly in the military X/Yes (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)[68]
Third gender option Yes (Since 2020, only on driver's licenses and state IDs - not birth certificates)[69]
Access to Unisex Bathrooms Yes
Access to IVF for lesbians Yes
Automatic parenthood on birth certificates for children of same-sex couples Yes
LGBT anti-bullying law in schools and colleges No
LGBT-inclusive sex education required to be taught in schools No
Gay and trans panic defense banned No
Homosexuality declassified as an illness Yes (Since 1973)
Conversion therapy legally banned No Not statewide, some cities and counties by ordinance and a state-wide taxpayers dollars or funding legally banned as well as discouraging the practice by executive order since August 2022)[70][71]
Surrogacy arrangements legal for gay male couples Yes (Since 2006[72])
MSMs allowed to donate blood Yes/No (Since 2020, 3 month deferral period)[73]

See also

References

  1. ^ https://sarapennsylvania.org/nondiscrimination/
  2. ^ "Pittsburgh pride parade celebrates community's diversity". TribLive.com. June 11, 2017.
  3. ^ "Philly shows its colors in 2017 LGBT Pride Parade". Newsworks.org. June 19, 2017. Archived from the original on September 15, 2017. Retrieved September 15, 2017.
  4. ^ Shaman, Jeffrey M. (2008). Equality and Liberty in the Golden Age of State Constitutional Law. NY: Oxford University Press. p. 213. ISBN 978-0-19-971522-0.
  5. ^ "81-year-old gay man spent almost 2 years in prison for having sex in his nursing home / LGBTQ Nation".
  6. ^ "Gay 81-year-old spent 22 months in jail over oral sex". December 12, 2021.
  7. ^ ""Upper Darby Township - Wednesday, March 17, 2021 - Council Meeting - Agenda"". Archived from the original on April 12, 2021.
  8. ^ "A small town voted unanimously to repeal an old anti-LGBTQ law. Then they found another one".
  9. ^ ""'Sunshine is the best disinfectant': Upper Darby scraps decades-old anti-LGBTQ law, and looks for Pa. to do the same"".
  10. ^ ""18 PA 5903: Obscene and other sexual material and performances"". Archived from the original on August 13, 2010.
  11. ^ "Homosexuality finally removed from Pa. Crimes Code after being first discovered in Upper Darby". July 15, 2022.
  12. ^ "Bill to Remove 'Homosexuality' from PA Crimes Code Passes Senate and Heads to Governor". July 8, 2022.
  13. ^ "Judge Rules for Marriage Equality in Pennsylvania". Advocate.com. May 20, 2014. Retrieved May 20, 2014.
  14. ^ "Pennsylvania's A.G. Won't Even Defend Their Gay Marriage Ban in Court". The Atlantic Wire. July 11, 2013. Archived from the original on July 11, 2013. Retrieved July 11, 2013.
  15. ^ Philadelphia City Code § 9-1102.
  16. ^ "Domestic Partnerships". Phila.gov. June 7, 1996. Retrieved December 1, 2011.
  17. ^ "Employee Mutual Commitment Benefits Policy (Domestic Partnership Registry)" (PDF). apps.pittsburghpa.gov. July 7, 2014. Retrieved August 3, 2019.
  18. ^ Michael P. Buffer (Staff Writer). "County code compels same-sex couples to identify relationship - News". Citizens Voice. Retrieved June 21, 2012.
  19. ^ a b "Pennsylvania Adoption Law". State Laws & Legislation. Archived from the original on April 9, 2013. Retrieved January 25, 2013.
  20. ^ "Pennsylvania: Gay Adoption Victory". The New York Times. August 24, 2002. Retrieved January 25, 2013.
  21. ^ "National Gay and Lesbian Task Force Applauds Governor Schweiker for Signing Bill Adding Sexual Orientation and Gender Identity To Existing Classes, December 3, 2002". Pennsylvania Expands Hate Crimes Law. National Gay and Lesbian Task Force. Archived from the original on March 23, 2012. Retrieved January 25, 2013.
  22. ^ "House Bill 745". Legis.state.pa.us. Retrieved December 5, 2013.
  23. ^ "House Bill 177". Legis.state.pa.us. Retrieved September 22, 2014.
  24. ^ "Senate Bill 42". Legis.state.pa.us. Retrieved September 22, 2014.
  25. ^ "Mayor Bill Peduto plans to introduce hate crime legislation". April 23, 2021.
  26. ^ Rimmerman, Craig A., Kenneth D. Wald, Clyde Wilcox. (2000). In The Politics of Gay Rights. University of Chicago Press. p. 272. ISBN 0-226-71999-5. Retrieved on January 23, 2011.
  27. ^ Michael Lavers (April 7, 2016). "Pennsylvania governor signs nondiscrimination executive orders". Washington Blade.
  28. ^ "Record Number of Legislators Sign On as Co-sponsors of Bill to End Discrimination". Equality Pennsylvania. July 1, 2013. Archived from the original on November 23, 2016. Retrieved July 31, 2013.
  29. ^ Worden, Amy (December 18, 2013). "Corbett backs ban on sexual orientation discrimination". The Philadelphia Inquirer. Retrieved December 18, 2013.
  30. ^ Tags: Ending Discrimination (June 6, 2013). "Pittston Passes Policy to Protect LGBT People from Discrimination". Equalitypa.org. Archived from the original on November 23, 2016. Retrieved December 5, 2013.
  31. ^ "Pennsylvania Human Relations Commission Releases Guidance on Sex-Based Discrimination under the Pennsylvania Fair Education Opportunities Act". Pennsylvania Human Relations Commission. Retrieved August 19, 2018.
  32. ^ Pa. expands protections for LGBT people, but hate-crime law still doesn’t include them, The Philadelphia Inquirer, 17 August 2018
  33. ^ Wolf backs regulatory change that would formalize discrimination protections for LGBTQ Pennsylvanians
  34. ^ [1]
  35. ^ [2]
  36. ^ [3]
  37. ^ "Gov. Wolf Announces Inclusion of Gender Identity, Sexual Orientation or Expression in COVID-19 Data Collection". May 13, 2020.
  38. ^ "Pennsylvania working to include gender identity, sexual orientation in COVID-19 data collection".
  39. ^ "Penn. Democrat plans to defy Republican-backed law banning his weed and LGBTQ rights flags". NBC News.
  40. ^ "Pennsylvania's Dapper Lieutenant Governor and His Gay Flag Battle". January 29, 2021.
  41. ^ "This state legislature barred Pride flags from the Capitol. The Lt. Governor will fly it anyway".
  42. ^ Pennsylvania makes it easier for transgender people to correct birth certificates Archived November 16, 2016, at the Wayback Machine Equality Pennsylvania
  43. ^ Goodin-Smith, Oona (July 31, 2019). "Pennsylvania to offer gender-neutral option on state IDs". The Philadelphia Inquirer.
  44. ^ Villarreal, Daniel (August 2, 2019). "Washington & Pennsylvania now offer non-binary options on state ID cards". LGBTQ Nation.
  45. ^ "Philadelphia mayor signs three bills protecting transgender and nonbinary residents". November 2019.
  46. ^ "Philly Mayor Signs Three New Laws to Prevent Anti-Trans Discrimination".
  47. ^ "Philadelphia schools will allow students to select nonbinary gender markers on virtual platforms". December 15, 2021.
  48. ^ "School district to allow students to identify as nonbinary on online learning platforms". December 13, 2021.
  49. ^ "Pennsylvania House passes anti-transgender sports ban". April 13, 2022.
  50. ^ "Pennsylvania Governor Vetoes Transgender Sports Ban". July 11, 2022.
  51. ^ "Pennsylvania HB935 | 2015-2016 | Regular Session". LegiScan.
  52. ^ "Pittsburgh becomes the latest city to approve a ban on conversion therapy". The Christian Science Monitor. December 14, 2016.
  53. ^ Suh, Haley. "Philadelphia just passed a bill to ban conversion therapy for minors". www.thedp.com.
  54. ^ "Conversion therapy banned in Allentown". WFMZ. July 20, 2017.
  55. ^ Rodriguez, Jeremy. "Reading bans conversion therapy". PGN | The Philadelphia Gay News.
  56. ^ Ullery, Chris. "Doylestown council passes conversion therapy ban". The Intelligencer.
  57. ^ "State College Bans LGBTQ Conversion Therapy for Minors". Centre Daily Times. February 5, 2018.
  58. ^ Werner, Jeff. "Yardley Borough Council unanimously adopts anti-discrimination ordinance; law extends protections to LGBT community". The Advance of Bucks County.
  59. ^ Bellefonte bans 'conversion therapy' practice in Borough
  60. ^ "Bethlehem City Council approves ban on conversion therapy". July 18, 2018.
  61. ^ [4]
  62. ^ [5]
  63. ^ "Movement Advancement Project | Conversion "Therapy" Laws".
  64. ^ "Pennsylvania Governor bans conversion therapy using state funds". August 16, 2022.
  65. ^ "Gov. Wolf Signs Executive Order to Protect LGBTQIA+ Pennsylvanians from Conversion Therapy". August 16, 2022.
  66. ^ "PRRI – American Values Atlas". ava.prri.org.
  67. ^ "Biden reverses Trump ban on transgender people in military". Associated Press. April 20, 2021.
  68. ^ a b "Medical Conditions That Can Keep You from Joining the Military". May 10, 2021.
  69. ^ Ladao, Mark (June 26, 2019). "Gov. Ige signs bill allowing non-binary gender designations on driver's licenses". Star Advertiser.
  70. ^ "Whitmer: No public funds will be used for conversion therapy in Michigan | Bridge Michigan". Archived from the original on June 14, 2021. Retrieved June 15, 2021.
  71. ^ "Gov. Wolf Signs Executive Order to Protect LGBTQIA+ Pennsylvanians from Conversion Therapy". August 16, 2022.
  72. ^ "Surrogacy in Pennsylvania — What You Need to Know".
  73. ^ "FDA Relaxes Blood Donation Restrictions on Gay and Bisexual Men During Shortage". April 2020.
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