Lawsuit challenges PHRC expansion of sex discrimination

Two SW PA school districts, a group of parents, and two state reps file suit

In 2023, the Pennsylvania Human Relations Commission (PHRC) revised its definition of sex discrimination to include sexual orientation, ‘gender identity’ and ‘gender expression’ with ‘sex assigned at birth.’ (As we all know, sex is not “assigned” at birth. It is determined at fertilization.) PHRC is an unelected state agency whose purpose is to enforce state anti-discrimination laws in education, housing, employment, and public accommodations.

Two southwestern PA school districts are leading a lawsuit challenging PHRC’s revisions. South Side Area in Beaver County and Knoch in Butler County charge that PHRC has no authority to revise the definition of sex discrimination. Only the PA General Assembly can change anti-discrimination laws.

Joining the suit are three parents, seven students, and state Reps Barbara Gleim, R-199, and Aaron Bernstine, R-08. Governor Josh Shapiro is named as a codefendant with PHRC.

The lawsuit is mostly funded by the Thomas More Law Center, a conservative public-interest legal center in Chicago. The school districts paid the Center $10,000 each as a one-time fee. Tom King is the attorney representing the plaintiffs.

“[The lawsuit is] trying to strike down the regulations that the Human Relations Commission set forth on the basis that only the legislature could make these kind of decisions,” Mr. King said. “The Human Relations Commission wasn’t elected by anybody and nor were they ever authorized by the legislature to do this.” (1)

If the plaintiffs win, PHRC would not longer be able to investigate discrimination complaints based on sexual orientation, ‘gender identity,’ and ‘gender expression.’ A decision in the plaintiffs’ favor would also ban men and boys from competing in women’s and girls’ athletics. In 2021, Governor Shapiro stated that he supports boys competing in girls’ sports. (2)

Alleging that PHRC’s revised definitions are ‘inclusive,’ state alphabet-soup organizations have denounced the lawsuit. They claim that when the General Assembly established PHRC, it never defined female and male. However, when PHRC was formed in 1955, everybody knew what a woman was. Apparently now no one does.

The lawsuit seeks to establish that ‘sex’ means a biological female or male based on past PA Supreme Court decisions.

What we can do:

Contact Reps Gleim and Bernstine and tell them that you support the lawsuit and thank them for joining the plaintiffs.

Contact Governor Shapiro and tell him that nearly 70% of Democrats oppose boys competing in girls’ sports., and that this is a losing issue for the party.

Sources:

1. https://www.post-gazette.com/news/education/2025/03/07/lgbtq-protections-south-side-knoch-lawsuit/stories/202503060128

2. https://www.wtae.com/article/pennsylvania-antidiscrimination-protections-lawsuit/64091913