Leadership in the Pennsylvania House of Representatives last week abruptly announced the body would not finish out its legislative session, a decision it reversed on Wednesday. But although the House will likely return to take up measures such as a pension-reform bill, any chance of passing pro-LGBT measures are now over.
This latest session saw efforts to include sexual orientation and gender identity in the state’s nondiscrimination and hate-crimes laws, as well as bills to provide relationship recognition for same-sex couples. Those measures, however, are unable to proceed now, as all need bicameral action, and the Senate announced earlier this year it would not reconvene after the mid-term elections.
Republicans, who were already in control of the state Senate, also won a majority of the state House in the election. Several ally lawmakers who cosponsored the pro-LGBT measures this session are retiring, such as Keith McCall, Kathy Manderino and Frank Oliver, and others, like Todd Eachus, were unseated in the election. Rep. Robert Donatucci, who cosponsored a number of LGBT measures, died suddenly this week.
Despite the legislative forecast, all sponsors of this session’s pro-LGBT bills told PGN they would again spearhead the measures next session.
Nondiscrimination
House Bill 300, which would amend the state Human Relations Act to include sexual orientation and gender identity as classes protected from discrimination in employment, housing and public accommodations, has been languishing in committee since its introduction in March 2009.
The measure was approved by the State Government Committee shortly after it was introduced, marking the first time that the bill, which has been introduced several times in various forms, received committee approval. HB 300 was introduced with 79 cosponsors, the greatest level of legislative support any pro-LGBT measure has experienced in the state legislature — although several cosponsors since dropped their support, bringing the final number to 72.
Rep. Dan Frankel (23rd Dist.), who spearheaded the measure, plans to introduce the bill again in the coming session, according to spokesperson Gabe Spece.
Spece said the representative will regroup with LGBT advocates throughout the state in the coming weeks to reevaluate the legislation and formulate a strategy to push the measure forward. Spece said Frankel is likely to introduce the bill shortly after the legislature reconvenes in January.
“We know this is an uphill battle,” Spece said. “We’re working on finding allies in the House, and we do think we have some friends on both sides of the aisle in the Senate. Realistically, we know the score and we know it’ll be a struggle, but Rep. Frankel told us he’s ready to do this again.”
Hate crimes
This past session saw the introduction of measures to amend the state hate-crimes law to make it LGBT-inclusive in both houses. The state legislature originally incorporated sexual orientation and gender identity into the state hate-crimes law in 2002, but a state court later overturned that action on a technicality.
Rep. Josh Shapiro (D-153rd Dist.) led the effort in the House to allow LGBTs to be protected by the law, introducing his measure in March 2009. The House Judiciary Committee approved the bill in November of last year, but it never made it to a full House vote.
At the close of this session, the bill had 44 cosponsors.
A spokesperson for Shapiro said the lawmaker plans to reintroduce the bill when the new session begins.
Sen. Jim Ferlo (38th Dist.) introduced the Senate version of the hate-crimes measure in February 2009, which was never voted out of the Senate Judiciary Committee. It most recently had nine cosponsors.
Stephen Bruder, Ferlo’s chief of staff, said he “couldn’t imagine a situation where [Ferlo] wouldn’t” reintroduce the measure.
Relationship recognition
This session also marked the first state legislative initiative to grant same-sex couples relationship recognition — which came in the form of two separate bills.
Sen. Daylin Leach (D-17th Dist.) introduced a measure in June 2009 that sought to grant same-sex couples marriage equality. The bill picked up support from Sens. Ferlo and Larry Farnese (D-First Dist.), and Leach said this week he definitely plans to spearhead the measure again next year.
In April of this year, Rep. Mark Cohen (D-202nd Dist.) introduced a bill to legalize civil unions. The bill finished the session with 33 cosponsors, and Cohen said he’s going to introduce it again, despite the “uphill struggle” he said it faces.
“The strength in civil unions is that they really are what the legislature stands for,” he said. “There’s clear opposition right now to gay marriage, and there’s also clear opposition to banning gay marriage. Civil unions are the middle-of-the-road position, and that type of position is what is in tune with the wishes of the legislature.”
Jen Colletta can be reached at [email protected].