Lawsuit aims to strike down LGBTQ antidiscrimination protections in Pennsylvania
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.
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"Teachers in this country are patriotic, and suggesting they're not is insulting," she said. Weingarten went on to criticize Walters for several of his conservative pushes for education in Oklahoma, including bible lessons, and support for a religious charter school, which was blocked by a split Supreme Court vote this May. She called those moves and the implementation of the new test "a major distraction." "Ryan Walters appears to be trying out for MAGA in chief, not educator in chief, because everything that he's doing is about the culture wars, not about the reading, writing and arithmetic," she said. "If he wants to be MAGA in chief then go be MAGA in chief. But let someone else be educator in chief and focus on other things people deserve, which is reading, literacy and wraparound services - and actual teachers who want to be in Oklahoma." Oklahoma and California teachers union leaders agreed. 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The state teachers union told its members in a July 11 letter, which Elledge provided to USA TODAY, that Walters "has no legal authority to vet certified teachers based on political ideology." They say that's because "licensing and certification are governed by state statute, not personal opinion or partisan preferences" and state law "requires us to recognize out-of-state teaching credentials." The letter references part of the state education code that says it "must issue certificates to qualified teachers from other U.S. states and territories if they meet basic requirements, including a criminal background check." The union is also concerned about the state education department's partnership with PragerU "because it's not an educational authority and it's partisan," Elledge said. "OEA is actively monitoring this and other overreaches," the letter reads. "We remain vigilant in protecting the rights of Oklahoma's educators and students." Teachers in Oklahoma don't teach newly implemented conservative ideologies in classrooms, which are expected to be on the 'America First' certification test, Elledge said. "They're not here to give opinions in class; they're here to teach facts," she said. There are not many teachers in Oklahoma who come from California or New York, anyway, because of political differences. "People in Oklahoma have more conservative values," she said. "It's not a destination state for people from California and New York, which is sad because it's a really good place and students here deserve the best they could possibly have." David Goldberg, president of the California Teachers' Association, said he also hasn't heard of an influx of teachers who want to move from California to teach in Oklahoma. But at a time when states are trying to solve teacher shortages, the Oklahoma test is trying to "scare them away," he said. "This almost seems like satire and so far removed from my research around what Oklahoma educators need and deserve," he said. "I can't see how this isn't some kind of hyper-political grandstanding that doesn't serve any of those needs." Goldberg rejects that what teachers need in California - "respect" and a livable wage - is different than what Oklahoma teachers need to thrive. Teachers have a responsibility to take care of kids in both places despite their different education systems, he said. Contact Kayla Jimenez at kjimenez@ Follow her on X at @kaylajjimenez.
