Pennsylvania LGBT Laws

On 21 December 2016, a three-judge panel of the Pennsylvania Superior Court ruled that in the 2012 adoption by Nino Esposito, 79, of his partner Roland Bosee Jr, 69, ”under the circumstances of this case, Pennsylvania law permits an unopposed annulment or revocation of an adult adoption”. The dissolving or annulling of the adoption will now enable the partners to marry [C1.3], [R1.2].

On 08 June 2015, it was reported that Allegheny County Judge Lawrence O’Toole denied a petition to dissolve the 2012 adoption of Roland Bosee Jr. (68) by Nino Esposito (78). The men took the step to give their relationship a legal status before same-sex marriage became legal and now they cannot marry without annulling the adoption. The case is being appealed to the Superior Court. [R1.1]

On 23 January 2011, Act 112 (HB 1639), the Child Custody Act of 2010 took effect.

Pennsylvania Code. Title 23 – Domestic Relations. Chapter 53 – Custody [L1.1]

§ 5301. Declaration of Policy

“ … it is public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents after a separation or dissolution of the marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child or children with grandparents when a parent is deceased, divorced or separated.”.

Factors to consider when awarding custody include (summarised)

1. Courts will be prohibited from assuming that custody should be awarded to a particular parent based solely on gender [§ 5328 (b)].
2. Contempt citations for willful violations of custody orders will be gender neutral.
3. Consideration must be given to a comprehensive list of factors, including:
   • Which parent is more likely to encourage and permit frequent contact with the other parent [§ 5328 (a)(1)]
   • Parental duties of each parent [§ 5328 (a)(3)]
   • The need for stability and continuity in the child’s education, family life, and community life [§ 5328 (a)(4)]
   • Assuring access to siblings and extended family [§ 5328 (a)(5)(6)]
   • Protection for victims of domestic violence [§ 5328 (a)(2)]
4. Judges must provide an explanation of custody decisions [§ 5323 (d)].
5. A framework will be used by Judges in making relocation decisions [§ 5337].
6. Relocation decisions will require consideration of how the move will enhance the quality of life for the child and not just how it will benefit the parent seeking to move [§ 5337 (h)(6)(7)].
7. Each parent must submit a parenting plan in cases of contested custody, allow for appointment of a guardian ad litem or counsel for the child when necessary [§ 5331].
8. The list of criminal convictions courts may consider in determining custody has been expanded [§ 5329].

On 03 May 2019, Superior Court Judges Judith Olson, Alice Dubow and Correale Stevens affirmed an order granting shared custody to M.A. the child V.L.’s biological mother and R.L. the nonbiological mother [C2.12], [R2.11].

On 11 October 2017, the Superior Court of Pennsylvania affirmed a Centre County trial judge’s opinion ruling that C.G. the former same-sex partner of the child J.W.H.’s biological mother J.H. cannot claim she is entitled to custody of the child since she has no biological connection to him, nor has she legally adopted him [C2.10], [C2.9], [R2.8].

On 04 January 2013, Judge Christopher J St. John in the Mercer County Common Pleas Court granted custody of an 11-year-old girl at the center of a lengthy, high-profile same-sex custody battle to Lisa Lewis, the non-biological mother who is also the girl’s biological great-aunt [C2.7], [R2.6].

In January 2010, the eight-judge appellate court ruled that a parent’s same-sex relationship cannot be used against the parent in determining child custody, rejecting a 25-year-old state legal precedent [R2.5].

On 26 September 2005, the 3-judge Superior Court said ” … that the record supports a finding by clear and convincing evidence that the best interests of the children are served by granting primary physical custody to Jones …”, the lesbian partner of the biological parent of twins [C2.4], [R2.3].

In 2001, a Pennsylvania Superior Court ruled in favour of a non-biological lesbian caregiver having visitation rights with a girl she claims she raised from birth to age 3 [R2.2].

The case is on appeal to the State Supreme Court.

In June 1998, it was reported that Courts in Pennsylvania have held that nonbiological partners have the right to sue for custody of an ex-partner’s biological child [R2.1].

In May 2009, the Pennsylvania Employees Benefits Trust Fund approved a policy enabling same-sex partners of state employees who have lived with their partner for at least six months to be eligible for full health care benefits from July. Their children also are eligible [R1.3].

In July 2003, a new state employee contract took effect extending family leave benefits to gay partners in about one-third of the commonwealth’s work force [R1.2].

The new benefits do not include health care. They extend family and sick leave benefits (including bereavement or extended leave to care for partners or children) to gay partners if they are a supervisor or a member of one of the state locals of the Service Employees International Union [R1.2].

The benefits may also cover another 13,000 nonunion state employees, mostly supervisors [R1.2].

Rules for the benefits have yet to be written and are expected to require the employee and partner to sign a statement of commitment before receiving benefits [R1.2].

In December 1998, Penn State’s Faculty Senate took action for the first time to recommend extending health benefits to same-sex domestic partners [R1.1].

On 07 July 2014, Allegheny County Executive Rich Fitzgerald gave county employees in same-sex domestic partnerships another year (until 30 June 2015) to marry to acquire county benefits [R2.4].

On 25 June 2014, Allegheny County officials reportedly announced a change in policy effective 01 August, cutting off benefits to same-sex partners of its employees unless the couple are married. This follows Court decision in Deb Whitewood, et at., v. Michael Wolf striking down the statutory ban on same-sex marriage [R2.3].

Previously:

On 03 March 2012, Allegheny County Executive Rich Fitzgerald signed an executive order allowing county workers to enroll their eligible “same-sex domestic partner” for receipt of health and dental benefits beginning 05 March, for coverage beginning 01 April [R2.2].

To extend the coverage, both the county employee and his or her partner must:

• be at least 18 and mentally competent
• not be legally married to nor the domestic partner of another person
• have voluntarily entered the relationship “intending the relationship to be the functional equivalent of marriage, including living together as a couple, mutual financial support, mutual caring and commitment, mutual fidelity and mutual responsibility for each other’s welfare”
• have been in their relationship for at least 12 months before applying for benefits
• be able to prove their bond by providing documents such as a joint lease or deed, joint credit or checking account statements, or designation as the primary beneficiary in the employee’s will, life insurance policy or retirement contract
• complete an affidavit of domestic partnership form and have it notarized [R2.2].

On 01 October 2011, the State College Borough Domestic Partner Registry opened. The Domestic Partner Registry Ordinance was passed unanimously 01 August 2011 [R2.1].

On 08 May 2013, Philadelphia Mayor Michael A Decker signed Bill No. 130224 into law [L3.11]. See below [R3.10].

On 25 April 2013, Philadelphia City Council passed 14-3 Bill 130224 offering tax credit incentives to businesses that allow the families of LGBT employees to enroll for family health benefits and offer transgender-inclusive healthcare benefits to employees. Further revisions provide for non-discriminatory equal treatment for all, regardless of gender identity or sexual orientation [R3.10].

On 12 December 2011, Mayor Michael A. Nutter signed Equal Benefits Bill No. 110057 into law, to take effect 01 July 2012 [R3.9].

On 01 December 2011, the Philadelphia Council passed the Equal Benefits Bill #110057 which will reguire employers who perform work on projects that cost more than $250,000 to provide health coverage and other benefits to the same-sex partners of their workers [R3.8].

On 25 May 2011, Easton city council voted unanimously for an ordinance (signed by Mayor Sal Panto 06 June), which provides the partners of gay and lesbian employees with the same benefits as the husbands and wives of heterosexual workers with effect from 01 January 2011 [R3.7].

On 03 May 2011, York City Council voted for a resolution that will extend benefits to domestic partners of city employees and their children. The benefits will be extended to same or opposite sex domestic partners who share a residence for six months, subject to their providing three of the following items (Each must be dated at least six months prior to the effective date an employee wants to enroll the domestic partner):

1. A domestic partnership agreement as recognized by a governmental entity;
2. Deed or lease evidencing a common ownership of real property or a common leasehold interest in property;
3. Evidence of joint title to a motor vehicle;
4. Driver’s license listing a common address;
5. Proof of joint bank accounts or credit accounts;
6. Proof of designation as a beneficiary for life insurance or retirement benefits or beneficiary designation under a partner’s will;
7. Assignment of durable power of attorney [R3.6].

On 12 April 2011, Lancaster Mayor Rick Gray announced a policy allowing city employees (who can certify that they have been in a relationship for 12 months [R3.6]) to seek the same health care and other employment benefits for their same-sex partners that are now available to employees and retirees with spouses. The policy is an administrative action, which does not require City Council approval [R3.5].

On 27 January 2011, Allentown Mayor Ed Pawlowski signed a bill granting medical benefits to same-sex partners of city employees into law [R3.4].

Previously:

On 19 January 2011, the city council of Allentown voted to extend medical benefits to the same-sex partners of city employees, not including firefighters and police officers [R3.3].

On 15 December 2010, a bill to offer medical benefits to partners of gay employees, whether active or retired, was introduced to Allentown municipality. The bill was expected to be debated in January 2011 [R3.2].

In September 2003, a Pittsburgh Police Bureau contract extended health insurance, dental insurance and vision care to domestic partners who sign an affidavit affirming not only mutual financial support and responsibility but also “mutual caring and commitment” and “mutual fidelity” [R3.1].

In 1998, the Philadelphia City Council passed an ordinance recognizing same-sex relationships, and granting health and pension benefits to gay partners of city employees, among other advantages [R4.3].

However in August 2002, a state appeals court overturned the ordinance. See 3. Courts & Tribunals [R4.3].

An ordinance that allows city employees to assign pension benefits to anyone they wished, was not affected by the Commonwealth Court ruling [R4.3].

On 28 February 2018, the Commonwealth Court affirmed the Order of the Court of Common Pleas of Allegheny County that a teacher who retired before same-sex marriage was legalized is entitled to health care benefits for his husband [C4.15], [R4.14].

On 17 April 2017, the Superior Court ruled that a same-sex couple had a legitimate common-law marriage decades before same-sex marriage became legal in Pennsylvania, meaning the surviving partner Michael Hunter has the same legal rights, including shared property rights, that any other widow or widower would have following their spouse’s death. The ruling opens the door to the recognition of other same-sex common-law marriages that were entered into before the state abolished common-law marriage in January 2005 [C4.13], [R4.12].

On 28 December 2016, Superior Court Judges Ford Elliot, Ott and Fitzferald ruled that the Vermont civil union between Freyda Neyman and Florence Buckley was the ”functional equivalent” of marriages sanctioned in the State, were subject the divorce law and could be dissolved. The case was remanded to Philadelphia County Court of Common Pleas Family Court Division for further proceeding [C4.11], [R4.10].

On 24 May 2016, Judge Lois E Murphy in Montgomery County Orphan’s Court declared Kathryn V Ward and her now deceased partner Elaine M Brim entered into a valid and enforceable marriage under the common law of the Commonwealth of Pennsylvania on 03 October 1990 and remain married until Brim’s death, entitling Ward to all spousal rights and benefits that are afforded to legally married individuals in Pennsylvania [C4.9], [R4.8].

On 15 April 2016, it was reported that the State Supreme Court would hear the Freyda Nayman case. Naymen and her long since separated partner entered into a Vermont civil union in 2002 however, the Pennsylvania family court would not dissolve the union on jurisdictional grounds because at the time the state did not recognize civil unions [R4.7].

On 29 July 2015, Bucks County Court of Common Pleas Judge C Theodore Fritsch Jr. granted Sabrina Maurer’s request to have her 02 September 2001 commitment ceremony in Pennsylvania to Kimberly Underwood and subsequent 12 years of cohabitation declared a common law marriage from that date and entitling her to various benefits and also avoiding having to pay inheritance taxes on Underwood’s estate [R4.6].

In December 2002, a Pennsylvania superior court panel ruled that the lesbian former partner of a woman who bore five children during their relationship must pay child support, despite the partner’s argument that she is neither the biological nor adoptive parent [R4.5].

In September 2002, the City planned to appeal the Commonwealth Court decision that struck down a tax break and city health benefits for same-sex partners [R4.4].

In August 2002, a state appeals court overturned the groundbreaking Philadelphia ordinance granting health and pension benefits to gay partners [R4.3].

Previously:

In 2000, a Common Pleas Court judge upheld the Philadelphia City Council’s authority to grant health and pension benefits to same-sex partners of city employees [R4.2].

In 1997, a man appealed a ruling that he pay his wife spousal support after she left him for another woman on the grounds that she wasn’t entitled to spousal support because she committed adultery [R4.1].

As at 11 July 2014, the state lacks a law banning discrimination on the basis of sexual orientation or gender identity although thirty-four municipalities across the state have some type of pro-LGBT ordinance [R1.7].

On 07 April 2016, Governor Tom Wolf signed two anti-discrimination executive orders to establish policy, procedures and responsibilities for the prohibition of discrimination against any employee or job applicant based on criteria including ”gender expression or identity, sexual orientation, AIDS or HIV status” and for the eliminaton of discrimination in contracting, requiring any company doing business with the state to eliminate bias in hiring and promotion [L1.6], [L1.5], [R1.4].

On 07 May 2013, Bills HB 300 / SB 300 were reintroduced that if passed and signed into law, would prohibit discrimination against the LGBT community in housing and employment [R1.3].

In October 2002, the Human Relations Act and Fair Educational Opportunities Act protected people from discrimination based on race, color, religious creed, ancestry, age, sex, national origin and disability but NOT sexual orientation or gender [R1.2].

See also: 3. Cities & Towns.

In August 2001, Governor Frank O’Bannon signed a state employment policy that prohibits job discrimination on the basis of sexual orientation [R1.1].

On 06 March 2018, the Yardley Borough unanimously adopted Anti-Discrimination Ordinance No. 474 which extends protections against discrimination in housing, employment and public accommodations to the LGBT (Lesbian, Gay, Bisexual and Transgendered) community based on sexual orientation, gender identity and gender expression [R2.3].

On 29 November 2011, Jenkintown Borough enacted nondiscrimination policies that include sexual orientation and gender identity. Similar ordinances have also passed in Doylestown Borough and Newtown Borough [R2.2].

In February 2002, Erie County Council passed a long-anticipated civil rights ordinance extending protection from discrimination in employment, housing, and public accommodations on the basis of sexual orientation and gender identity in a 6-1 veto-proof vote [R2.1].

On 15 September 2016, the Wilkes-Barre City Council unanimously passed an amendment to the current anti-discrimination law to include provisions protecting lesbian, gay, bisexual and transgender people in employment, housing, public accommodations and postsecondary educational institutions. The ordinance comes into effect in 10 days [R3.10].

On 08 May 2013, Philadelphia Mayor Michael Nutter signed legislation offering tax credits to companies that extend the same health care coverage to LGBT employees’ domestic partners and their children as well as requiring gender-neutral bathrooms in newly constructed city-owned buildings, revising anti-discrimination law to include transgender people, extending decision-making rights to life partners on medical and other issues [L3.9], [R3.8].

In 2011, nondiscrimination ordinances were passed in Lower Merion Township, Haverford Township, Springfield Township and Whitemarsh Township [R2.2].

On 08 December 2011, the municipal commission of Susquehanna Township, adopted an ordinance banning discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations [R3.7].

On 14 June 2011, Bethlehem City Council voted unanimously to set up a Human Relations Commission in an ordinance that bans discrimination based on sexual orientation and gender identity in public places, employment, housing and schools [R3.6].

On 24 March 2011, Philadelphia Mayor Michael A. Nutter signed into law the City Council’s unanimously approved and completely revised and expanded version of the Fair Practices Code, renamed as Fair Practices Ordinance: Protections Against Unlawful Discrimination [R3.5].

The new Code clarifies coverage against discrimination for persons living with HIV and also recognizes the newly-established categories of marital status and familial status, including the concept of Life Partnership, defined as “A long-term committed relationship between two unmarried [adult] individuals of the same gender” who have some connection with the city (residence, working there, own real property there) and who share at least one residence with each other [R3.5].

On 12 July 2006, Easton City Council adopted an ordinance that bans discrimination based on sexual orientation, gender identity or expression in employment, housing and the use of public accommodations [R3.4].

In September 2002, New Hope became the first borough in the state to pass a law protecting gays from discrimination in housing, employment and public accommodations [R3.3].

In June 2002, the Philadelphia City Council added on May 16th “gender identity” (defined to include appearance, behavior, and physical characteristics) to its Fair Practices Ordinance, prohibiting discrimination in employment, housing, and public accommodations [R3.2].

In April 2002, the Allentown Human Relations ordinance protects people from bias because of sexual orientation or gender identity [R3.1].

A petition could put the issue on the Nov. 5 ballot, which may result in the law would be overturned.

On 13 July 2018, US District Court Judge Petrese Tucker ruled that the City of Philadelphia can require foster care agencies with city contracts to abide by its nondiscrimination policies. This ruling is the first time a federal court has said that government-contracted child welfare agencies do not have a right to exclude same-sex couples or others who don’t meet an agency’s religious test from fostering children [C4.9], [R4.8].

On 18 June 2018, the US Court of Appeals for the Third Circuit completely rejected hate group Alliance Defending Freedom (ADF)’s attempts to discriminate against transgender students in the Boyertown Area School District. This is a very significant defeat for ADF, which has been losing cases challenging transgender students’ rights all across the country [C4.7], [R4.6].

On 08 December 2017, it was reported that the Philadelphia Commission on Human Relations had ruled that PHL Taxi violated the city’s non-discrimination law and ordered the company to pay Mark Seaman $500 after their driver threw Seaman and his partner Daniel out of the cab for kissing when they were leaving Philadelphia International Airport in December 2009 [R4.5].

On 04 November 2016, US District Judge Cathy Bissoon rejected a request to dismiss a case filed by the U.S. Equal Employment Opportunity Commission on behalf of Dale Baxley, a former telemarketer at the Pittsburgh-based Scott Medical Health Center who says he was harassed on the job for being gay and forced to resign. The case will now proceed [C4.4], [R4.3].

On 23 June 2010, a US federal court jury ruled that Philadelphia can’t evict a Boy Scouts group for refusing to admit gay people [R4.2].

In 2001, a federal judge dismissed a lawsuit, ruling that Congress never intended to protect people from on-the-job harassment over sexual orientation when it drafted Title VII of the Civil Rights Act of 1965 [R4.1].

On 17 April 2017, the Superior Court ruled that a same-sex couple had a legitimate common-law marriage decades before same-sex marriage became legal in Pennsylvania, meaning the surviving partner Michael Hunter has the same legal rights, including shared property rights, that any other widow or widower would have following their spouse’s death. The ruling opens the door to the recognition of other same-sex common-law marriages that were entered into before the state abolished common-law marriage in January 2005 [C1.17], [R1.16].

On 24 May 2016, Judge Lois E Murphy in Montgomery County Orphan’s Court declared Kathryn V Ward and her now deceased partner Elaine M Brim entered into a valid and enforceable marriage under the common law of the Commonwealth of Pennsylvania on 03 October 1990 and remain married until Brim’s death, entitling Ward to all spousal rights and benefits that are afforded to legally married individuals in Pennsylvania [C1.15], [R1.14].

On 29 July 2015, Bucks County Court of Common Pleas Judge C Theodore Fritsch Jr. granted Sabrina Maurer’s request to have her 02 September 2001 commitment ceremony in Pennsylvania to Kimberly Underwood and subsequent 12 years of cohabitation declared a common law marriage from that date and entitling her to various benefits and also avoiding having to pay inheritance taxes on Underwood’s estate [R1.13].

On 26 January 2015, Justices Ford Elliott, Shogan and Musmanno in the Superior Court of Pennsylvania, upheld the trial court’s order and judgment that found the agreement executed between Cynthia Clifton and Joanne Bruscemi was unambiguous as to the disposition of real property upon the termination of their relationship and ruled that the reason one woman moved out was irrelevant [C1.12], [R1.11].

On 10 June 2014, it was reported that in light of the ruling recognizing same-sex marriage in Pennsylvania, the state would seek to have dismissed as moot the petition challenging its attempt to collect inheritance tax from Barbara Baus, a Northampton County woman whose wife Catherine C Burgi-Rios died of leukemia in 2012. A hearing is scheduled Friday [R1.10].

On 25 October 2013, Barbara Baus filed suit seeking equal treatment under Pennsylvania’s inheritance tax law following the death of Catherine (“Cathy”) Burgi-Rios whom she married in Connecticut on 29 April 2011. The Pennsylvania Department of Revenue stated her marriage is “not valid in Pennsylvania” and assessed taxes due under the rate that applies to legal strangers, which is 15% [C1.9], [R1.8].

On 29 July 2013, the US District Court for the Eastern District of Pennsylvania ruled in a 12-page unsigned decision (of Jones, II, J) that Jean Tobits is entitled to survivor’s benefits under the Employee Retirement Income Security Act, or ERISA, following the death of her spouse, Sarah Ellyn Farley, who died of cancer in 2010. The couple were married in Canada in 2006 [C1.7], [R1.6].

On 10 May 2012, Judge McGinley for the Commonwealth Court of Pennsylvania affirmed (3-0) the order of the Court of Common Pleas of Berks County that sustained the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax issued by the Pennsylvania Department of Revenue (Revenue), Department of Individual Taxes, Inheritance Tax Division, imposing inheritance tax of 15% on the Estate of Sharon Warnock and disallowing the family exemption of $3,500 [C1.5].

In November 2011, in the case of Cozen O’Connor PC v. Jennifer J Tobits and David M Farley and Joan F Farley, the parents Farley were seeking the proceeds of deceased lawyer Sarah Ellyn Farley’s profit-sharing plan in priority to Jennifer J Tobits, her surviving spouse/life partner. The couple’s marriage in Canada is not recognised in Pennsylvania [C1.2-4], [R1.1].

On 07 April 2016, Governor Tom Wolf signed Executive Order 2016-4 to eliminate discrimination in contracting, requiring any company doing business with the state to eliminate bias in hiring and promotion and Executive Order 2016-5 that bans the state from discriminating against any employee or job applicant based criteria including gender, sexual orientation, AIDS or HIV status [L1.6], [L1.5], [R1.4].

On 26 August 2010, the Department of Transportation announced trans-identified drivers can request the identification change as long as they are living full-time in the new gender and can back it up with verification from a licensed medical or psychological caregiver – no surgery required. Previously, the policy allowed for a gender change on the licenses only if the driver could present proof of sex-reassignment surgery [R1.3].

On 28 July 2003, Governor Rendell issued an executive order protecting transgendered people from employment discrimination in state government [R1.2].

The order applies only to the 80,000 employees in the governor’s cabinet agencies and bans discrimination based on “gender identity or expression,” which means people whose sense of their sexual identity differs from their gender. It can include cross-dressers, people with sex-change operations, masculine women and effeminate men [R1.2].

The order does not affect public institutions outside the governor’s direct control, such as colleges and school districts [R1.2].

On 03 December 2002, the hate crimes law was amended to include sexual orientation or gender identity [R1.1].

On 10 September 2002, New Hope Borough Council reportedly approved a law banning discrimination on the ground of sexual orientation and “gender identity” [R2.1].

On 03 July 2018, the Bethlehem City Council unanimously backed an ordinance known as the Appropriate Mental Health Services Ordinancemaking it unlawful to attempt conversion therapy on minors within city limits and empowering the city to revoke the business license from any licensed mental health professional who offered the therapy to a minor. Council is expected to take its second and final vote later this month [R3.8].

On 19 November 2015, Mayor Michael Nutter signed a new law requiring restaurants and bars with single occupancy restrooms to make those restrooms gender-neutral. The law will take effect from 16 January 2016. Any establishments that don’t comply can be reported via social media using the #freetophl hashtag. [R3.7].

On 08 May 2013, Philadelphia Mayor Michael A Decker signed Bill No. 130224 into law [L3.6]. See below [R3.5].

On 21 March 2013, City Councilman Jim Kenney reintroduced a Bill (No. 130224) to amend Philadeplphia’s Fair Practices Ordinance, which enforces the LGBT-inclusive nondiscrimination law, to specifically prohibit employers from failing to permit employees to dress in accordance with their gender identity and other transgender-inclusive provisions. A hearing on the bill was expected in April [R3.5].

On 08 December 2011, the municipal commission of Susquehanna Township, adopted an ordinance banning discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations [R3.4].

In April 2002, an Allentown ordinance passed protecting homosexuals and transgendered people from employment and housing discrimination [R3.3], however the city ordinance was being challenged [R3.2].

On 16 May 2002, Philadelphia City Council approved a bill banning discrimination on the basis of “gender identity” [R3.1].

In April 2010, the University of Pennsylvania approved health insurance coverage up to $ 50,000 for transgender students’ gender reassignment surgeries, psychotherapy, and hormone treatments, beginning in the fall [R4.1].

On 28 May 2019, the US Supreme Court denied a petition for a writ of certiorari in the Doe, Joel, et al. v. Boyertown Area School, et al. case challenging the Boyertown Area School policy of letting transgender high school students use bathrooms and locker rooms that match their gender identity [R5.23].

On 26 July 2018, the full US Court of Appeals for the Third Circuit declined 8-4 to rehear the Doe v. Boyertown Area School District case, in which a three-judge panel strongly endorsed the right of transgender students to use restrooms and locker rooms consistent with their gender identity. At the same time, the panel issued a revised opinion that still upholds a Pennsylvania school district’s pro-transgender student policy, but altered some of its reasoning. The four dissenters from that action issued an opinion saying they did not disagree with the panel’s affirmance of a federal district judge’s denial of relief to the students who challenged the school district’s pro-transgender policy. But they took issue with some of the panel’s reasoning on what Title IX of the Education Amendments of 1972 requires for schools’ treatment of transgender students [C5.22], [C5.21], [R5.20].

On 18 June 2018, the US Court of Appeals for the Third Circuit completely rejected hate group Alliance Defending Freedom (ADF)’s attempts to discriminate against transgender students in the Boyertown Area School District. This is a very significant defeat for ADF, which has been losing cases challenging transgender students’ rights all across the country [C5.19], [R5.18].

On 24 May 2018, the Court of Appeals for the Third Circuit ruled that the Boyertown School District can allow transgender students to continue using bathrooms and locker rooms that correspond with their sexual identity [C5.17], [R5.16].

On 25 August 2017, Judge Edward G Smith, in the Eastern District of Pennsylvania court denied efforts by cisgender school students and their parents for a preliminary injunction in their lawsuit against the Boyertown Area School District for its unwritten policy of allowing transgender students to use bathroom and locker room facilities consistent with their gender identity [C5.15], [R5.14].

On 01 August 2017, Lambda Legal announced it had reached a settlement with the Pine-Richland School District, forcing the district to end a discriminatory, anti-transgender policy that prevented transgender students from using the bathroom that matches who they are [C5.13], [R5.12].

On 08 July 2017, Judge Joseph T Healey in the US District Court denied an emergency motion to stay the Court’s 07 July 2017 Order that Lackawanna County Prison M2F transgender inmate Sparkles Wilson (born born Steven Fritz) be administered hormone treatment [C5.10], [R5.11].

On 07 July 2017, the US District Court issued an order that Lackawanna County Prison M2F transgender inmate Sparkles Wilson (born born Steven Fritz) be administered hormone treatment [C5.10].

On 18 May 2017, US District Judge Joseph F Leeson in the US District Court ruled that transgender woman Kate Lynn Blatt’s employment discrimination claim under the Americans with Disabilities Act (ADA) can move forward, finding for the first time that transgender people are not categorically barred from seeking relief from discrimination under the ADA. For those transgender people who experience gender dysphoria, the Court found there is no justification for their exclusion from the ADA [C5.9], [R5.8].

On 27 February 2017, US District Court Judge Mark Hornak ordered the Pine-Richland School District to stop enforcing a rule adopted in September for students to use facilities corresponding to their biological sex or unisex facilities, whilst their federal case against their school district proceeds in court [C5.8], [R5.7].

On 02 August 2015, Bucks County Judge C Theodore Fritsch Jr., dismissed the petition of parents Klaus and Ingrid Kitzler seeking to be appointed legal guardians of their 48-year-old m2f daughter Christine Kitzler in order to block her genital reconfiguration surgery on the ground that Christine is mentally incompetent. The Judge found Christine had demonstrated an ability to fully understand her decisions [R5.6].

On 01 April 2015, US District Judge Kim Gibson ruled that f2m transgender Seamus Johnston has no standing because, although he considers himself a man, he’s a woman by birth and didn’t undergo a sex change or otherwise take steps to officially change his gender, entitling the University of Pittsburgh to refuse to let him use the men’s locker rooms and bathrooms at the Johnstown campus [C5.5], [R5.4].

On 17 January 2014, Judge Bernard McGinely of the Commonwealth Court of Pennsylvania struck down the strict photo-identification requirement that would have disenfranchised over 5,000 transgender Pennsylvanians, as well as hundreds of thousands of low-income and elderly people with a disproportionate impact on Pennsylvanians of color [C5.3], [R5.2].

On 21 November 2002, Bedford County Judge Thomas Ling ruled that he did not have the authority to change the sex listed on the birth certificate of a man who had a sex-change operation last year [R5.1].

Tiffany Palmer, legal director at The Center for Lesbian and Gay Civil Rights in Philadelphia that a change of gender can be addressed administratively in these circumstances through the Pennsylvania Department of Vital Statistics, which was preferable to using the Court.

On 23 July 2008, the 2002 changes to the hate crimes law were overturned by the Supreme Court. See 2. Courts & Tribunals: [R2.1].

In 2002, the hate crimes law in Pennsylvania included sexual orientation or gender identity [L1.2], [R1.2] adding “actual or perceived […] sexual orientation, and gender or gender identity […]” to the state’s Ethnic Intimidation Law. The new measure also added people with mental or physical disabilities [L1.2].

Previously:

The offense of ethnic intimidation was committed if someone used “malicious intention” in the act of crimes such as verbal harassment or property destruction. The new bill added to the scope of ethnic intimidation the characteristics of ancestry, gender or gender identity, mental or physical disabilities, and sexual orientation. The bill also changed “race” to “actual or perceived race” [R1.1].

Characteristics previously included were race, color, religion, and national origin [R1.1].

On 30 October 2014, Philadelphia City Council unanimously approved a bill amending Title 10 of The Philadelphia Code adding sexual orientation, gender identity and disability to the city’s list of hate crimes [R2.1].

On 23 July 2008, the Supreme Court struck down changes to the state’s hate-crimes law that added sexual orientation, gender identity, ancestry, gender, and mental and physical disability to the list of protected characteristics [R3.1].

According to Equality Advocates Pennsylvania, the supreme court stripped out the additional protections because of the way the measure was passed – as an alteration of an agricultural bill – not because of its content [R3.1].

On 03 July 2018, the Bethlehem City Council unanimously backed an ordinance known as the Appropriate Mental Health Services Ordinancemaking it unlawful to attempt conversion therapy on minors within city limits and empowering the city to revoke the business license from any licensed mental health professional who offered the therapy to a minor. Council is expected to take its second and final vote later this month [R1.6].

On 18 December 2017, the Reading City Council enacted an ordinance (No. 118/2017) on a 6-0 vote making conversion, reparative or affirmative therapy aimed at eliminating or suppressing homosexuality unlawful [R1.5].

On 19 July 2017, the Allentown City Council unanimously passed an ordinance banning gay conversion therapy for minors within city limits [R1.4].

On 14 December 2016, it was reported that the City of Pittsburgh passed 9-0 an ordinance that will ban conversion (reparative) therapy for anyone under the age of 18. Offenders can be fined up to $300 for each offense and can be sentenced up to 30 days in prison for failure to pay the fine. The move makes the city the first in the state of Pennsylvania to do so. Mayor Bill Peduto said he will sign the legislation [R1.3].

On 07 December 2016, Pittsburgh City Council voted 8-to-0 (1 absention) in favour of an ordinance making gay conversion therapy unlawful. A final vote is scheduled for 13 December 2016 [R1.2]

On 08 May 2013, Philadelphia Mayor Michael A Decker signed Bill No. 130224 into law. The Ordinance offers health protections for gay families and decision-making rights to same-sex couples [L1.1].

On 28 February 2018, the Commonwealth Court affirmed the Order of the Court of Common Pleas of Allegheny County that a teacher who retired before same-sex marriage was legalized is entitled to health care benefits for his husband [C2.8], [R2.7].

On 08 July 2017, Judge Joseph T Healey in the US District Court denied an emergency motion to stay the Court’s 07 July 2017 Order that Lackawanna County Prison M2F transgender inmate Sparkles Wilson (born born Steven Fritz) be administered hormone treatment [C2.5], [R2.6].

On 07 July 2017, the US District Court issued an order that Lackawanna County Prison M2F transgender inmate Sparkles Wilson (born born Steven Fritz) be administered hormone treatment [C2.5].

On 18 May 2017, US District Judge Joseph F Leeson in the US District Court ruled that transgender woman Kate Lynn Blatt’s employment discrimination claim under the Americans with Disabilities Act (ADA) can move forward, finding for the first time that transgender people are not categorically barred from seeking relief from discrimination under the ADA. For those transgender people who experience gender dysphoria, the Court found there is no justification for their exclusion from the ADA [C2.4], [R2.3].

On 02 August 2015, Bucks County Judge C Theodore Fritsch Jr., dismissed the petition of parents Klaus and Ingrid Kitzler seeking to be appointed legal guardians of their 48-year-old m2f daughter Christine Kitzler in order to block her genital reconfiguration surgery on the ground that Christine is mentally incompetent. The Judge found Christine had demonstrated an ability to fully understand her decisions [R2.2].

On 25 July 2013, a Philadelphia County Judge was reported to have dismissed a loss of consortium claim in the medical malpractice case of (Tammy and Jesseca) Wolf v. Associates of Podiatric Medicine and Surgery [R2.1].

On 23 December 2015, Northampton County Senior Judge Leonard Zito sentenced 26-year-old Ricky Webster to 33 to 66 months in prison for having unprotected sex with three women he didn’t tell about his condition [R1.6].

On 12 September 2012, Milton Hershey School, Hershey agreed to pay $700,000 in damages and $15,000 civil penalty in a settlement agreement on a claim for refusing admission to a 14-year-old boy because he is HIV-positive [D1.5], [C1.4], [R1.3].

In 2003, an HIV-positive man in need of a liver transplant was wrongly denied coverage under the state’s Medicaid program, an administrative law judge ruled [R1.2].

In November 1998, the Supreme Court turned down an appeal by a transsexual who said a Pennsylvania judge banished him for life from his hometown after he tested positive for the AIDS virus [R1.1].

On 01 May 2004, the United Methodist Judicial Council said church law clearly teaches that the practice of homosexuality is incompatible with Christian teaching [R1.1]

In 1996, legislation was amended by the addition of –

Title 23. Domestic Relations Code. Chapter 17. Miscellaneous Provisions Relating to Marriage

§ 1704. Marriage between persons of the same sex.

It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth [L1.5].

Now see: 3. Courts & Tribunals below.

On 27 September 2015, Pittsburg Post-Gazette writers Julian Gray and Frank Petrich highlighted issues concerning parenting, determining the length of a marriage following long-term committment, the manner of holding real estate and pre and post marital agreements following the change to Federal and State same-sex marriage laws [R1.4].

On 03 October 2013, Representative Simms introduced HB1686 to the House. The Bill would amend Title 23 (Domestic Relations) defining marriage as a “civil contract between two people who enter into matrimony”.

On 11 July 2013, Attorney General Kathleen Kane indicated she would not defend the constitutionality of Pennsylvania’s version of DOMA, believing it to be wholly unconstitutional [R1.3]. See [C2.3], [R2.2] below.

On 16 March 2010, the Senate judiciary committee tabled senate bill 707 by an 8–6 bipartisan vote, thereby stalling the advance of the bill that would constitutionally ban same-sex marriage [R1.2].

In June 2009, the Senate was reportedly soon be considering opposing pieces of legislation regarding same-sex marriage, Sen. Daylin Leach was introducing the state’s first bill to recognize same-sex marriage, whilst Sen. John Eichelberger was preparing to introduce a constitutional amendment that would ban same-sex marriage and consequently prevent courts from from legalizing such unions [R1.1].

On 23 July 2013, Montgomery County Register of Wills D Bruce Hanes agreed to issue a marriage license to two women, despite state law against same-sex marriage. The application was withdrawn so as not to jeopardise a pending lawsuit challenging the state law [R2.1].

Now see: 3. Courts & Tribunals below at [C3.6-3.10], [R3.5].

On 09 July 2014, it was reported that Justice Samuel Alito denied without comment a request to halt same-sex marriage in Pennsylvania [R3.21].

On 20 May 2014, US District Judge John E Jones III ruled Pennsylvania’s statutory same-sex marriage ban violates the principles of equal protection and is therefore unconstitutional. There was no stay discussed in the opinion [C3.20], [C3.19], [R3.18].

On 14 March 2014, Federal Judge Mary A McLaughlin in the US District Court for the Eastern District of Pennsylvania ordered that oral argument on the pending motions to dismiss and motion for summary judgment in the “Cara Palladino v. Thomas W Corbett” marriage equality case is scheduled for 28 May [C3.17], [R3.16].

On 22 November 2013, U.S. District Judge John E. Jones III set 09 June as the trial date for the Whitewood v. Wolf lawsuit challenging Pennsylvania’s gay-marriage ban after rejecting a request to delay the proceeding. Judge Jones also set a timetable for pre-trial motions and other paperwork to be filed before the trial [R3.15].

On 15 November 2013, Judge John E. Jones III in the US District Court for the Middle District of Pennsylvania denied motions to dismiss the so-called Whitewood v, Wolf suit that were lodged by Bucks County Register of Wills and Clerk of Orphans Court Donald Petrille, state Health Secretary Michael Wolf, and state Revenue Secretary Dan Meuser. The Court will hold a case management conference scheduled for 22 November 2013 [C3.14], [R3.13].

On 01 October 2013, Montgomery County solicitor Ray McGarry filed an appeal on behalf of D. Bruce Hames, against the ruling from Commonwealth Court ordering the county to stop issuing marriage licenses to same-sex couples [R3.12].

On 26 September 2013, a lawsuit was filed in the in US District Court for the Eastern District of Pennsylvania on behalf of Cara Palladino and Isabelle Barker challenging the constitutionality of the state law that declares a same-sex marriage from another state “void”. The couple were married in Massachusetts in 2005 [C3.11], [R3.10].

On 12 September 2013, President Judge Dan Pelligrini ordered Montgomery Clerk Dan Hanes to “cease and desist from issuing marriage licenses to same-sex applicants” citing three issues ­ jurisdiction, standing and the ability to raise a constitutional argument [C3.9], [R3.8]. The County is expected to lodge an appeal [R3.7].

On 20 August 2013, the Commonwealth Court scheduled 04 September for hearing oral arguments on the governor’s attempt to stop a county outside Philadelphia from issuing same-sex marriage licenses [C3.6], [R3.5].

On 09 July 2013, the ACLU of Pennsylvania filed a complaint in the US District Court, Middle District of Pennsylvania on behalf of 21 Pennsylvanians who wish to marry in Pennsylvania or want the commonwealth to recognize their out-of-state marriages [C3.4], [R3.3]. The Commonwealth Court scheduled oral arguments for 04 September in Harrisburg [R3.2].

In March 2010, Berks County Judge Scott Lash said he could not grant a divorce to Carole Ann Kern and Robin Lynn Taney who married last year in Massachusetts, because their marriage is not recognized under Pennsylvania law [R3.1].

Pennsylvania Consolidated Statutes. Title 23. Domestic Relations. Part III Adoption

§ 2312: Any individual may become an adopting parent [L1.2].

Single lesbians and gay men as well as lesbian, gay, and bisexual people in same-sex relationships may adopt a child

On 27 September 2015, Pittsburg Post-Gazette writers Julian Gray and Frank Petrich highlighted the issue of the doctrine of presumption of paternity that requires courts to presume that children born during a marriage are the children of the parties to the marriage, noting that whilst this doctrine should apply equally to same-sex marriages and parents, it may be some time before the doctrine is applied and couples with or planning to have children should consider going through the adoption process [R1.1].

On 22 April 2019, the US Court of Appeals for the Third Circuit ruled that the Philadelphia city government can require that contractor Catholic Social Services does not discriminate against same-sex couples in its foster care program finding that the city did not target the agency because of its religious beliefs but acted only to enforce its own nondiscrimination policy in the face of what seemed to be a clear violation [C2.15], [R2.14].

On 30 August 2018, the US Supreme Court declined (5-3) to force the City of Philadelphia to resume the placement of children in need of foster care with a Catholic agency that refuses to accept gay couples as foster parents [C2.13], [R2.12].

On 13 July 2018, US District Court Judge Petrese Tucker ruled that the City of Philadelphia can require foster care agencies with city contracts to abide by its nondiscrimination policies. This ruling is the first time a federal court has said that government-contracted child welfare agencies do not have a right to exclude same-sex couples or others who don’t meet an agency’s religious test from fostering children [C2.11], [R2.10].

On 11 October 2017, the Superior Court of Pennsylvania affirmed a Centre County trial judge’s opinion ruling that C.G. the former same-sex partner of the child J.W.H.’s biological mother J.H. cannot claim she is entitled to custody of the child since she has no biological connection to him, nor has she legally adopted him [C2.9], [C2.8], [R2.7].

In 2002, the Pennsylvania Supreme Court overturned a ruling by the state Superior Court two years before that barred a homosexual individual who wanted to adopt his or her partner’s child [R2.6].

However, the law confusingly allowed a homosexual couple to legally adopt a child.

Now, people seeking to adopt as second parents must apply to their county courts for approval. After an evidentiary hearing, a judge must make a determination on whether adoption is in the best interest of the child.

The requirements for second-parent adoption vary from county to county. Some counties require a full home study while others do not [R2.5].

Previously:

In November 2000, the Pennsylvania superior court ruled that gays and lesbians in the state have no standing to adopt their partners’ children [R2.4].

In April 2000, all nine state Superior Court judges will hear appeals from Erie and Lancaster counties on whether same-sex partners can be named as adoptive parents [R2.3].

In June 1999, Judge Shad Connelly denied the granting of a second parent adoption of two children to an Erie man, simply because he and his partner were gay [R2.2].

In February 1999, a Pennsylvania appellate court was asked to rule for the first time on this question: Should the homosexual partner of a biological parent be permitted to adopt the children of that parent? [R2.1].

On 18 October 2002, the 3rd Circuit U.S. Court of Appeals in Philadelphia declared that people have a constitutional right to protect the privacy of their sexual orientation [R1.2].

The 3rd Circuit’s ruling carries legal authority in Pennsylvania, New Jersey, Delaware and the Virgin Islands, the areas covered by the Court [R1.1].

On 29 July 2015, Bucks County Court of Common Pleas Judge C Theodore Fritsch Jr. granted Sabrina Maurer’s request to have her 02 September 2001 commitment ceremony in Pennsylvania to Kimberly Underwood and subsequent 12 years of cohabitation declared a common law marriage from that date and entitling her to various benefits and also avoiding having to pay inheritance taxes on Underwood’s estate [R1.1].

On 26 July 2018, Westmoreland County Commissioners approved a revised the sexual harassment policy that will for the first time single out protections for those workers who are gay and transgendered, forbidding any type of sexual harassment that includes physical assaults, unwanted sexual advances, sexual discrimination and retaliation for complaints made under the policy [R1.1].

On 29 March 2001, a federal judge dismissed a lawsuit, ruling that Congress never intended to protect people from on-the-job harassment over sexual orientation when it drafted Title VII of the Civil Rights Act of 1965 [R2.1].