In the current legislative session in Harrisburg, one of the most active and visible state senators in the majority Republican caucus is Doug Mastriano, perhaps most well known for his failed run for PA governor, losing to Josh Shapiro. As a supporter of MAGA and a favorite of right-wing hate group Moms for Liberty, Mastriano has been relentless in his pursuit of a far-right culture war agenda.
In the last several weeks, Mastriano has introduced a number of bills to push this agenda in Pennsylvania. Most recently, on Feb. 4, he introduced SB 213, the so-called Two Gender Protection Act. Following protocol, the bill was immediately referred to the Senate State Government Committee.
Mastriano’s rationale for introducing this bill was spelled out in a legislative memo released shortly before the bill’s introduction in the Senate. The memo says, in part, “My proposal will require the Pennsylvania State government to use the term ‘sex’ instead of ‘gender,’ and will require that all state government-issued identification documents, accurately reflect the holder’s biological sex as identified at birth.”
The memo goes on to say, “Across the country, ideologues who deny the biological reality of sex have increasingly employed legal and other socially coercive measures that allow men to self- identify as women. This access to intimate single-sex spaces and activities designed for women, including domestic abuse shelters and workplace showers, poses a serious threat to women’s safety and well-being. ‘Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being.’
“‘The erasure of biological sex in language and policy has had a corrosive and divisive impact on the validity of the entire American system’. Basing Commonwealth policy on truth and actual science is critical to public safety, morale, and trust in government itself.
“Women must feel secure in bathrooms, locker rooms, schools, and other areas designated for them, including women’s sports.
“I firmly believe it is essential to ‘Follow the Science’ which clearly states that biological sex is determined by X and Y chromosomes. Females have two XX chromosomes and males have an X and Y.
“Additionally, my legislation will prevent taxpayer funds from being used for gender-transition health care. Also, it will ensure that ‘privacy in intimate spaces’ by designating that single-sex spaces, such as prisons and rape shelters, are based on biological sex and not the socially constructed term ‘gender identity’.”
Mastriano’s rhetoric perfectly mirrors standard MAGA Republican talking points about “following the science” regarding “sex” vs. “gender” — except, current scientific medical consensus accepts the validity of both terms, and describes the nuance of their difference.
That consensus has been reflected in the large number of papers published in peer-reviewed medical publications in the last decade reflecting advances in research into gender identity. One such paper, entitled “What Do We Mean By Sex and Gender?” was published by Carolyn M. Mazure, PhD psychologist and professor at Yale Medical School in the School’s research newsletter, in which she described the two terms and how they are to be used.
Dr. Mazure wrote, “In the study of human subjects, the term sex should be used as a classification, generally as male or female, according to the reproductive organs and functions that derive from the chromosomal complement [generally XX for female and XY for male].
“In the study of human subjects, the term gender should be used to refer to a person’s self-representation as male or female, or how that person is responded to by social institutions on the basis of the individual’s gender presentation.”
PGN reached out to Mastriano’s office for an explanation as to why he rejects current medical consensus in his proposed legislative policy. PGN has received no response.
Mastriano also makes mention several times in both his memorandum and SB 213 itself of vague, undefined “threats” to women from trans women (or, as he put it, “biological males”). It should be noted that Mastriano makes no mention of trans men (or “biological females”) at any point.
PGN also did not receive a response to an inquiry as to whether Mastriano had any documented reports of women being harmed by trans women anywhere in Pennsylvania to back up his allegations of the trans “threat” to women.
Needless to say, the reaction of trans activists to SB 213’s introduction has been swift and vociferous. In a statement, Daye Pope, Director of Civic Engagement with TAKE, a trans advocacy organization, said, “Doug Mastriano has a long history of extremism and targeting vulnerable people across PA, which is one of the many reasons he lost by big margins during his disastrous run for Governor. SB 213 is more of the same — an attempt to harm trans people by making it harder for us to access accurate legal documents, protect ourselves from discrimination, and is indeed an attempt to erase the fact that we exist. It won’t pass, but we all need to stand against this extremism anyway, to not let it get a foothold in our commonwealth.”
While SB 213 could well pass the Republican-majority Senate, it would face an uphill battle in the Democrat-controlled House, and a probable veto from Gov. Shapiro, a Democrat. However, the fact that Republicans control the Senate means that the Democratic caucus has to take introduction of such bills seriously.
PGN reached out for comment to Anthony Williams and Nikil Saval, the two Philadelphia area Democratic state senators who share a State Government Committee assignment with Mastriano. As of deadline, Williams has not responded to PGN’s request.
Nikil Saval, however, provided a written statement which said, “This bill is a blatant attempt to limit civil rights and liberties through a narrow and backward definition of gender identity and expression, and I will vehemently oppose it should it come to a vote on the Senate floor. My office has received dozens of messages from constituents about this bill — all of whom are in resounding opposition. Across our city and throughout the Commonwealth, people are outraged at this attempt to divide us and pit us against each other. Our current political moment requires that all of us step up and fight on behalf of our LGBTQ+ neighbors when they are targeted in attacks of bigotry and ignorance.”