Why would someone sue in FAVOR of discrimination??

Conshohocken Borough in Montgomery County is one of two dozen municipalities across Pennsylvania that have adopted local non-discrimination laws to protect LGBT people. Conshohocken's law, passed last April, protects LGBT residents from being fired, evicted, or kicked out of a business because of their sexual orientation or gender identity. Sounds like a good thing, right?


Apparently, not everyone agrees. Anti-LGBT activists have sued the Borough in an attempt to invalidate the new law. On Friday, February 17, the Montgomery County Court of Common Pleas will hear argument on the Borough’s motion to dismiss the complaint. 


If you can, please come watch the court argument to show your support for the Borough and LGBT equality. The argument will be at 9:00 AM on February 17 at the Montgomery County Courthouse, Court Room “A”, 2 E. Airy St., Norristown, PA 19401, before Judge Bernard A. Moore. The courthouse is an easy walk from the Norristown Transportation Center.

Please be respectful of the court proceedings and courthouse rules. Arrive well ahead of time so you can get through security, obey courthouse rules about cameras and recording, do not bring signs into the courtroom or make a lot of noise in the halls. The point is to show the judge in a respectful manner that this matters to a lot of people.

Greetings from Harrisburg: school vouchers, LGBT non-discrimination, and HIV testing

There were just two days of session this week at the state capitol in Harrisburg. Check out the latest update, including news on taxpayer-funded school vouchers, LGBT non-discrimination, and HIV testing.

Standing in the schoolhouse door

Earlier this week, two state senators announced their intention to introduce legislation to offer state-funded school vouchers to low-income students. They framed their legislation as a civil rights issue, and one senator went so far as to suggest that opponents of the bill (like the ACLU of PA) are "like Gov. George Wallace standing in the doorway of a classroom to continue the segregation of the ‘60s."

It's true that access to a good education is a civil rights issue. Children in this country who aren't getting a quality education are almost always poor and often racial or ethnic minorities.

But the opponents of this school voucher plan have as much claim to the civil rights flag, if not more, than the proponents. The greatest amount of "choice" in "school choice" belongs to the private schools themselves. Private, religious schools can discriminate against kids and parents on the basis of race, ethnicity, disability, and gender.

In the late 1980s, a racial discrimination lawsuit was filed against the Archdiocese of Philadelphia, claiming racial bias in the Philadelphia Catholic School system. A state court ruled that the school system of the archdiocese is exempt from the public accommodations provision of the Pennsylvania Human Relations Act, our non-discrimination law.

All private schools can discriminate against kids and families on the basis of sexual orientation, gender identity or expression, or familial or marital status because they are not protected classes in the PHRA.

Public schools, meanwhile, take everyone.

The ACLU of PA opposes this legislation because private schools discriminate and because it funnels state money to religious institutions. If the supporters of the bill want to have a discussion about civil rights, let's have that discussion.

"Marriage Amendment" dies in committee

Breaking: Just got word from Andy that SB 707, the so-called "Marriage Amendment," has been tabled by the Senate Judiciary Committee in an 8-6 vote. This effectively kills the bill.

We'll post more on this soon. In the meantime, a plug: to stay as current as possible on our issues, follow the ACLU of Pennsylvania on Twitter.

Chris in Philly

What a Waste

We talk about competitiveness all the time – on the global market, with other states, and with the business across the street. Yet this country wastes a huge amount of talent when it comes to the LGBT community. Highly competent, qualified people are turned away from jobs or fired when employers become aware of their sexual orientation or gender identity.

Twenty states (California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin) and the District of Columbia have realized the harm they are doing to their states and banned employment discrimination based on sexual orientation. Thirteen of these also protect transgender people.

462 of the Fortune 500 companies, including all 27 of those headquartered in Pennsylvania, also have nondiscrimination polices that include sexual orientation.

According to Shari Slate, Chief Diversity Officer for Sun Microsystems, Inc.

"Corporate success is driven by the innovative and enterprising spirit of communities of employees. A diverse workforce that represents a variety of perspectives is essential to meeting the demands of our global customers."

Adds Heyward Bell, Chief Diversity Officer for Raytheon

“Over the next ten years we’re going to need anywhere from 30,000 to 40,000 new employees. We can’t afford to turn our back on anyone in the talent pool.”

Neither Pennsylvania nor the federal government has caught on to what is so obvious to so many other states and companies. We continue to allow workplace discrimination against the LGBT community, despite the fact that it hurts our businesses and the ability of the state to attract and retain young people, who are more likely to desire diversity and inclusiveness in the places they live and work.

Here is one story of a highly qualified candidate who was actually chosen for a job – until her employer learned she was transgender. (To hear another personal story of discrimination, see our March 10, 2009, post.)



Workplace discrimination against gay, lesbian, bisexual, and transgender people is not only a violation of American ideals of equality and the civil rights of LGBT people, it also hampers a business’s ability to recruit and retain the best and the brightest employees. Simply put, it’s a waste of talent.

Think it’s past time to end employment discrimination against LGBT people in Pennsylvania? Support PA House Bill 300, which would ban employment discrimination, as well as discrimination in housing and public accommodations.

Write your legislator
Write a letter to the editor
Share your personal story of discrimination
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Becca in Harrisburg

Hundreds Rally in Harrisburg to End LGBT Discrimination

Pittsburgh Post-Gazette Article

Equal Rights Bill Advances in the House

On Wednesday Pennsylvania came one step closer to providing basic protection against discrimination to its gay, lesbian, bisexual, and transgender citizens. HB 300, which would amend the PA Human Relations Act to include “sexual orientation” and “gender identity or expression,” came before the PA House State Government Committee and, by a narrow margin of 12-11, was reported out. The bill must still go before the House Appropriations Committee and then to a full vote before becoming law.

Read the Patriot News’ account of the vote here.

With anti-equality forces working hard to defeat this bill, we need all fair-minded Pennsylvanians to let their representatives in Harrisburg know that the time has come (in fact, it came and went years ago) to pass this legislation. The Value All Families Coalition – of which the ACLU is a member – will be holding a lobby day and rally this coming Tuesday, March 17th. Lunch and free bus transportation from Philadelphia and Pittsburgh will be provided. For more information, click here. Join us and raise your voice in support of equality for all!

Becca in Harrisburg

Press Release on Vote

HB 300 Roll Call Vote

In Favor:

Babette Josephs (D-Philadelphia)
Louise Bishop (D-Philadelphia)
Brendan Boyle (D-Philadelphia, Montgomery)
Mike Carroll (D-Luzerne, Monroe)
Mark Cohen (D-Philadelphia)
Lawrence Curry (D-Philadelphia, Montgomery)
Florindo Fabrizio (D-Erie)
Dan Frankel (D-Allegheny)
Robert Freeman (D-Northampton)
Michael O’Brien (D-Philadelphia)
Frank Oliver (D-Philadelphia)
Greg Vitali (D-Delaware)

Opposed:

Kerry Benninghoff (R-Centre, Mifflin)
Jim Cox (R-Berks)
Tom Creighton (R-Lancaster)
Sheryl Delozier (R-Cumberland)
Matt Gabler (R-Clearfield, Elk)
Glen Grell (R-Cumberland)
Tim Krieger (R-Westmoreland)
David Millard (R-Columbia)
Marguerite Quinn (R-Bucks)
Kathy Rapp (R-Forest, McKean, Warren)
Brad Roae (R-Crawford)

Not Voting:

John Galloway (D-Bucks)
Jaret Gibbons (D-Beaver, Butler, Lawrence)
Rick Taylor (D-Montgomery)

HB 300 Passed Out of Committee!

More information to come...

Why do we need HB 300?

This is just one of thousands of reasons why...

With Liberty and Justice for ALL

“You’re fired.” “Why?” “Because you’re gay.”

Think this is illegal? You’re not alone. Many people assume that overt discrimination like this, whether it be directed at minority races, women, or LGBT individuals, is against the law.

The fact is, however, that it is perfectly legal most places in Pennsylvania to discriminate against someone on the basis of sexual orientation or gender identity or expression.

Gender expression, for those who might need a refresher, refers to aspects of a person’s appearance and behavior that identify him or her as a him or her. It is gestures, mannerisms, dress, way of speaking, interests and hobbies, grooming methods, and many other things that are culturally perceived as either “masculine” or “feminine.” Clearly, these gender markers are culturally defined. For example, wearing a skirt is a feminine trait in the United States, while in the Scottish Highlands, no one considers a kilt “girly.” Likewise, a man who wears short shorts, crosses his legs, and orders wine (as opposed to beer or hard liquor) at a bar would likely experience social sanctions in the United States for his “feminine” behavior, but these would be perfectly normal masculine behaviors in Western Europe.

Today members of the Pennsylvania House of Representatives, recognizing the inappropriateness of allowing this sort of discrimination to go on in the United States of America – a country that professes to be the land of opportunity, equality under the law, all men are created equal (where the women are in that one is a topic for another time) – introduced a bill to amend the PA Human Relations Act to include sexual orientation and gender identity or expression.

This bill would take the existing law (which prohibits discrimination in employment, housing, and public accommodation on the basis of race, color, religion, ancestry, age, national origin, handicap or disability, education, or the use of a guide dog), and simply add sexual orientation and gender identity or expression to the list.

It’s high time that we correct this deficiency in the Act. Certainly it is necessary to bring Pennsylvania law in line with the promises of the U.S. Constitution and the principles of freedom and equality this country was founded on, but more than that…it’s the only fair thing to do.

Becca in Harrisburg

Press Release on HB 300

Lobby Day for HB 300

Tribute to Harper Lee, "Mockingbird"

Today's Patriot News of Harrisburg has a great op-ed on one of my all-time favorite novels- Harper Lee's To Kill a Mockingbird. The author captures well the ties between the novel and today's struggles.

Lee's work is representative of the larger struggle of people who are different in some way from those in power -- a different race, a different sex, a different sexual orientation, a different class -- trying to grab their piece of the pie. Despite the wonders of democracy, a constant struggle between the status quo and the marginalized will always endure. To Kill a Mockingbird implores us to give a voice to the marginalized in this struggle.

The fight that Atticus Finch boldly took up in To Kill a Mockingbird continues every day in much less visible ways -- the players may change, but the game remains the same. Seneca Falls, "I have a dream," a gay-pride parade, Hurricane Katrina -- all are part of the same struggle. The battle to get and hold onto power in a democracy -- the quest for a voice -- is the most basic freedom to express, but often it becomes the hardest battle to win.

Andy in Harrisburg

It's time: End workplace and housing discrimination against LGBT community

Yesterday may have been the beginning of the end of discrimination against the LGBT community in Pennsylvania. 70 state representatives introduced legislation to amend the Pennsylvania Human Relations Act to include sexual orientation and gender identity. The 70 co-sponsors represent 69% of the 102 votes needed for passage. In April, a similar bill was introduced in the PA Senate with 22 co-sponsors, 85% of the 26 votes needed to pass it.

Rep. Dan Frankel (D-Pittsburgh) kicked off the press conference by stating it was time to move Pennsylvania's law "into the 21st century" and noted that 20 states provide this protection on sexual orientation.

In a press release, our own Larry Frankel (no relation to Dan) said

We are very encouraged by the record number of legislators who have signed on as co-sponsors of this bill and we think it is a good sign for future progress.

There is little about this that is controversial. According to a Gallup poll, 85% of Americans believe that the LGBT community should be protected from discrimination. This is a no-brainer. Ok, that's a loaded phrase to use in reference to the capitol, but you catch my drift...

Andy in Harrisburg