‘THE RIGHT THING TO DO’
State Rep. Dan Frankel, D-Allegheny, has tried to pass legislation that would prohibit discrimination against members of the LGBTQ+ community for almost two decades, without success. On Tuesday morning, the newest iteration of that legislation, the PA Fairness Act, was unveiled.
Mr. Frankel and other members of the LGBTQ+ Equality Caucus, along with Gov. Tom Wolf and Ciora Thomas, an LGBTQ+ activist and founder of SisTers PGH, gave speeches on the steps of the Pennsylvania State Capitol in support of the legislation, also known as HB 300.
“We have a responsibility to make sure that we extend all the protections that we have come to enjoy to those citizens of our commonwealth who identify as being part of the LGBTQ community,” Mr. Frankel said.
If the bill is passed, it would protect LGBTQ+ people from being denied housing, educational opportunities or public accommodations based on their sexual orientation or gender identity.
Elected to the Legislature in 1999, Mr. Frankel has introduced many pieces of legislation that supported protections for Pennsylvania’s LGBTQ+ community members. However, he divulged that there has been only one occasion where the Fairness Act, or an earlier version of it, was voted affirmatively out of committee. That was in 2007.
“One of the reasons that I identify so strongly with respect to this legislation is that I don’t think anybody ought to be put in a position of being a second-class citizen because it always makes you vulnerable, not just to discrimination but to violence.” Mr. Frankel said. “And so I will never, ever stop fighting for this legislation. It’s the right thing to do.”
Sen. Steven Santarsiero, DBucks, agrees. He too vowed to keep fighting for the legislation.
“We cannot allow another year to go by where we allow discrimination to take place,” Mr. Santarsiero said during the event. “The day is coming.”
Supporters hope that this time it will finally come to a vote.
This newest Fairness Act has been updated slightly from the previous version, according to Mr. Frankel. The definition for sexual orientation was made more inclusive with broader language, and the definition of gender identity or expression was edited so that it is interpreted as how an individual personally identifies.
Language also was added to make sure that a claim of discrimination can be made by individuals who are discriminated against because they are perceived to be a member of the
LGBTQ+ community, even if they do not personally identify as such.
Many steps have been taken in recent years to protect LGBTQ+ rights, including the 2015 Supreme Court ruling to protect marriage equality and the 2020 ruling that employers cannot discriminate due to an individual’s sexual orientation or gender identity.
Twenty-two states now have laws that protect LGBTQ+ individuals from discriminatory practices. Within Pennsylvania, many counties and cities, including Allegheny County and Pittsburgh, have laws protecting against discrimination based on sexual orientation or gender identity, according to Mr. Frankel.
But for individuals such as state Rep. Jessica Benham, D-Allegheny, not having comprehensive protection throughout the state is “abhorrent.”
“Depending on which side of a county line I may happen to be standing on, or another member of the LGBTQ community may happen to be standing on, I may or may not have legal protections,” Ms. Benham said. “It’s really far past time that our commonwealth stops this embarrassing patchwork approach to ending discrimination and hate.”
Ms. Thomas, who was recently appointed to covice chair of the Pennsylvania Commission on LGBTQ Affairs, said there are other protections that need to become law, including bills that would ban conversion therapy and the “atrocious” gay and transgender panic defense in homicide cases.
Many of the speakers Tuesday drew attention to the wide amount of support from the general community for the legislation.
The bill has endorsements from both the Pittsburgh and Philadelphia chambers of commerce. A 2017 survey by the Public Religion Research Institute also found that 69% of Pennsylvanians support the Fairness Act.
However, the speakers were aware of the long history of opposition they face from socially conservative Republicans in the Legislature. Earlier this year, a bill was introduced that would ban transgender girls from playing high school sports.
“Dangerous messages like these from Harrisburg don’t stop at the doors of the Senate or House chamber, they spread like wildfire throughout the commonwealth and they shape how people who identify as LGBTQ are treated and most dangerously they shape the treatment of LGBTQ youth and in turn the way that these extremely vulnerable kids feel about themselves,” Rep. Brian Sims, D-Philadelphia, said.
Rep. Malcolm Kenyatta, D-Philadelphia, said there are more openly LGBTQ+ individuals in the General Assembly than at any point in its history, but there still are not enough.
Ms. Benham added that a Legislature that is reflective of the people within the state is needed so that legislation like the Fairness Act can be passed more easily.
“Over and over and over again, the people who are most being impacted are not in the room where the decision is being made,” Mr. Kenyatta said.
The event came to a close with a speech by Ms. Thomas.
“Let’s keep pushing and make Pennsylvania a state that truly welcomes all,” she said.