HARRISBURG– The Pennsylvania House Judiciary Committee voted this morning on seven bills, most of them related to LGBTQ+ rights in the state.
All bills but one passed on party lines, Democrats in favor and Republicans opposed. A law updating the legal definition of marriage in the state had two Republicans vote in favor of the bill.
The bills ranged from addressing hate crime laws to making it easier to do a legal name change.
The bill with the broadest implications is the Fairness Act- which would add sexual identity and attraction to protected groups under civil rights laws. The bill specifies this protection in employment, housing and public accommodation.
Republicans opposed the bill, minority chair Rep. Rob Kauffman citing the self identifying aspect of gender identity not something that can be regulated like age, race, and disability. Democrats say the bill gives a legal process for individuals to address discrimination.
“It crystallizes and puts into statute a basic principle that pennsylvania is better when it is fairer,” said Rep. Malcolm Kenyatta, a Philadelphia Democrat and sponsor of the Fairness Act bill. “That we must live and that we can live in a commonwealth where nobody gets treated like crap, because of who they are or who they love.”
The bills still need to be brought for a vote on the house floor- and would also have to pass the senate before becoming law.
Synopsis of Bills:
HB300: passed 14 to 12 (party lines). The Fairness Act, this bill puts in statute some of the rules that the Pennsylvania Human Relations Department has voluntarily established for LGBTQ+ individuals. Specifically, it gives civil rights protections in areas of employment, housing, and public accommodation.
HB632: passed 14 to 12 (on party lines). Right now in Pennsylvania, someone with HIV can get a penalty enhancement on prostitution charges for “knowingly” infecting others with the disease. Rep. Ben Waxman, a Democrat from Philadelphia, wants to remove the statute. Republicans in committee argued the law is not a punishment for having a medical condidtion, but for intentionally spreading infection.
According to lawmakers today, the penalty enhancement has not been used in the past 10 years.
Rep. Emily Kinkead, a Democrat from Allegheny County, countered Republicans disagreements with the bill- saying modern medication significantly reduces the chance of HIV transmission.
“We put this legislation into place at a time when HIV was effectively a death sentence. Its not anymore,” Kinkead said. “It is not something that is so dangerous that we have to hold people to an additional level of accountability.”
HB1311: passed 14 to 12 (on party lines. The bill amends Pennsylvania’s statute on ‘serious provocation’ to prevent sexual identity or attraction being a reason for provocation. This has been called “panic defense” in legal circles.
HB1315: passed 14 to 12. The bill reforms legal name change process, removing the requirement for someone to post their name change in local newspapers and also giving options to seal the name change.
HB1800: passed 16 to 10. This bill updates the legal definition of marriage in Pennsylvania.
HB1902: passed 14 to 12. This bill requires training for law enforcement on how to investigate hate-based intimidation crimes.
HB1905: passed 14 to 12. This bill updates criminal code language around ethnic intimidation.