Mayor Jim Kenney signed two bills into law that replace gendered marital signifiers on two city tax forms in an effort to make the legislative code more inclusive.
The legislation, introduced by Derek Green, will replace the terms “husband,” “wife,” “widow” and “widower” with the non-gendered term “spouse” on the Realty Transfer Tax and Senior Citizen Low Income Special Tax Provisions forms.
Green said the previous terminology wasn’t representative of the progressive nature of Philadelphia.
“People are able to marry who they want regardless of gender identity and expression. We shouldn’t have things in the code that are vestiges to an older time,” he said. “Replacing language that makes reference to husband and wife is language that sends a message that we are progressive in fighting for the protections of every citizen.”
The Human Rights Campaign reported that more than 50 percent of LGBT Americans live in states where they risk being fired, denied housing or refused services. Only 19 states and Washington, D.C., explicitly prohibit discrimination based on sexual orientation and gender identity. Pennsylvania is not among them.
Rue Landau, executive director of the Philadelphia Commission on Human Relations and the Fair Housing Commission, said the new legislation affirms the city’s antibias policy. Gendered language has serious legal consequences, she added.
“We are the only state in the Northeast where same-sex marriage is legal and we don’t have statewide-equality laws. After same-sex marriage became law, having the term husband and wife anywhere in the code creates unnecessary legal obstacles,” Landau said.
Kenney said the use of gendered language in such ordinances has historically created barriers for the LGBTQ community, where partnerships are not always properly reflected by the terms “husband and wife.”
“The inclusion of gender-neutral language will help to streamline legal proceedings and demonstrates Philadelphia’s status as a city that ensures acceptance and equality for all its citizens, regardless of gender identity or sexual orientation,” Kenney said.