This morning, the Pennsylvania Commonwealth Court held a hearing in the case between Montgomery County Register of Wills, D. Bruce Hanes, and the Pennsylvania Department of Public Health. Hanes began issuing marriage licenses to same-sex couples in Montgomery County following the Supreme Court’s decision to overturn the Defense of Marriage Act in July. Hanes was sued by the Pennsylvania Department of Public Health, whom issued a writ of mandamus against Hanes to fulfill his duties in line with current Pennsylvania law, which defines marriage as being between one man and one woman.

The hearing opened with a statement from Judge Dan Pellegrini, clarifying that the hearing was not about Pennsylvania’s position on same-sex marriage, or the constitutionality of current marriage laws, but rather the authority of public officials to interpret the constitutionality of state law.

Lawyers for Hanes argued that in accordance with case law, Hanes was serving in the capacity of a judge, because he is a county clerk given statutory authority under the Orphans Court. Therefore, they claimed that Hanes was acting in accordance with the jurisdiction of the Supreme Court. Additionally, they said that the Department of Public Health has no substantial interest in the issuing of same-sex marriage licenses, as they are not being substantially harmed by Hanes’ actions. The defense claimed that the Office of the Attorney General is the only party within the state government with grounds to sue Hanes, which they have declined. Pennsylvania Attorney General , Kathleen Kane is a supporter of marriage equality, and sent a letter to the Department of Public Health clearly explaining that her office will not prosecute a suit against Hanes.

The Department of Public Health countered Hanes’ argument that he was a judge acting under the Supreme Court’s jurisdiction, as he is constitutionally a county official, and being defended by the county. They claimed that their department does have a substantial interest in the case, as the Department of Public Health manages marriage records, and Hanes’ actions have resulted in inconsistent and faulty record keeping. The representation for the Department said that a mandamus action is not the proper way to argue the constitutionality of a law, and the case was strictly about public officials following the law.

Judge Pellegrini said that he will rule on the case as soon as possible.

The Pennsylvania Commonwealth Court is an intermediate appellate court which has jurisdiction over appeals from the orders of certain state agencies, including the Department of Public Health, and designated cases involving the public sector and government regulation In 2007, the Pennsylvania Commonwealth Court heard the case against an LGBTQ inclusive hate crimes law, which provided legal protection to individuals attacked due to their actual or perceived sexual orientation and gender identity. The law was struck down by the Commonwealth Court on a technicality, a ruling that was affirmed by the Pennsylvania Supreme Court in 2008. 

There was a large amount of media attention given to a court brief on the case, filed by lawyer’s for Pennsylvania Governor Tom Corbett, which compared the licenses given to same-sex couples to marriages between twelve year old’s. Corbett later called the statement “inappropriate.”

The case between The Department of Health and Hanes is one of two major legal battles Pennsylvania faces on the issue of same-sex marriage. In July, the American Civil Liberties Union of Pennsylvania sued the state on behalf of twenty-three plaintiffs for denying them rights afforded to heterosexual families.

The Pennsylvania Student Equality Coalition (PSEC) strongly supports the reintroduction of HB 300 yesterday in the Pennsylvania House of Representatives. The legislation would amend the Pennsylvania Human Relations Act to provide protection from discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. HB 300 was reintroduced for the fifth time by Rep. Dan Frankel (D-23), joined by a second prime sponsor Rep. Chris Ross (R-158), with a total ninety cosponsors.

Seventy-nine of the co-sponsors are Democrat and eleven are Republican. The Republican co-sponsors include three members of the LGBT Equality Caucus, Reps. Ross, Fleck, and Murt, along with Reps. Peifer, Scavello, Taylor, R. Brown, Petri, Killion, Quinn, and Harper. Every Republican co-sponsor represents a district in eastern Pennsylvania.

Unfortunately, the House Leadership has once again sent the legislation to the State Government Committee, where it will surely languish for another session. The committee chair is Rep. Daryl Metcalfe (R-12) who has vowed to defeat the bill. Advocates were hoping the legislation would be sent to another committee this session for a chance at a floor vote, where it would be expected to pass.

The record number of 90 State Reps. in support of LGBT nondiscrimination protections represents nearly forty years of tireless efforts by countless civil rights advocates.

The first Pennsylvania nondiscrimination bill inclusive of sexual orientation was introduced in 1976 by a Rep. Norman Berson (D-187) from Philadelphia – with only two cosponsors.  There have been twenty-two nondiscrimination bills introduced since which have been inclusive of sexual orientation and/or gender identity. In 1975, Pennsylvania became the first state government in the nation to prohibit discrimination based on sexual orientation for its employees through an executive order by Gov. Milton Shapp. Every Pennsylvania Governor since, Republican or Democrat, has reissued the order – except for the current Gov. Tom Corbett. Seventeen states prohibit discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.

Thirty-one municipalities in Pennsylvania have enacted local nondiscrimination ordinances inclusive of sexual orientation and gender identity protections since 1982. The first to pass local ordinances were the cities of Philadelphia (1982), Harrisburg (1983), and Pittsburgh (1990). Most recently, local organizers have independently pressed suburban municipalities including Lower Merion Township (2010), Abington Township (2012), and Pittston (2013) to adopt nondiscrimination ordinances. While these local laws protect just over 30% of the state population, a vast majority of Pennsylvania residents can legally be fired, denied public accommodations, and kicked out of their homes, simply for being, or perceived to be, LGBT.

In the private sector, LGBT nondiscrimination policies have become standard practice to recruit and retain the best and brightest workers. There are 434 (88%) Fortune 500 companies that have adopted a nondiscrimination policy inclusive of sexual orientation protections and 282 (57%) Fortune 500 companies have done so inclusive of gender identity protections. Every Fortune 500 company in Pennsylvania has an LGBT inclusive nondiscrimination policy.

PSEC Executive Director Jason Landau Goodman said, “It is shameful that Pennsylvania is the last place in the northeast United States with essentially no protections for LGBT people. In 2013, Pennsylvanians should not accept how our state disregards people because of their sexual orientation or gender identity. The passage of HB 300  is critical to the prosperity of our businesses, communities, and families. We must do all we can to support the swift adoption of an inclusive nondiscrimination bill in Pennsylvania.”

The companion bill to this legislation, SB 300, has yet to be formally introduced.

–

Map of HB 300 Co-Sponsors

Correction: Rep. Norman Berson (D-187) was mentioned as being from the Lehigh Valley. This post was updated to correct that he was from Philadelphia County.

Pennsylvania Attorney General, Kathleen Kane, made a historic announcement yesterday in refusing to defend the state’s ban on marriage equality, following an ACLU suit against the state, in which she is named as a defendant. Kane has affirmed numerous times that she supports full LGBTQ equality, including marriage rights. The governor or a legislator could sue Kane in an attempt to force her to uphold the law, but it’s most likely that defense of the law will simply be passed over to the governor’s office. Governor Tom Corbett is a staunch opponent of marriage equality, and supports a state constitutional amendment to ban it. PA’s version of DOMA was adopted by the General Assembly in 1996.

Kane’s refusal to enforce the ban on same sex marriage is another blow to “traditional marriage” proponents. According to recently poll numbers, 52% of Pennsylvanians support marriage equality.

The ACLU lawsuit against the state is the first of its kind following the repeal of DOMA. If successful, it could lead to the overturning of similar laws banning same sex marriage in Indiana, Illinois, Wyoming, and West Virginia.

Pennsylvania News Media Responds to AG Kane’s Announcement

Erie
Pa. attorney general won’t defend gay marriage ban – Associated Press (via Go Erie)

Philadelphia
Pennsylvania Attorney General Kane won’t defend gay marriage ban – ABC Philadelphia
Kane: Cannot defend Pa. law against gay marriage – Philadelphia Inquirer
The Kane Mutiny – Philadelphia Daily News
Kane says state’s ban on gay marriage ‘wholly unconstitutional’ – Philadelphia Daily News
Kane: Cannot defend Pa. law against gay marriage – Philadelphia Inquirer
Attorney General Kane Will Not Defend PA Gay Marriage Ban – WTXF (Fox Philadelphia)

Lehigh Valley
Some call Kane brave for not defending state in gay marriage case; others call it political – Allentown Morning Call
Attorney General Kathleen Kane: I won’t defend Pennsylvania law banning gay marriage – WFMZ 69 (Allentown)
State attorney general will not defend DOMA – Pocono News

Central PA
Kane passes buck on gay marriage – Lancaster News Era
Kane paints Corbett into a corner with refusal to defend gay marriage ban: analysis – The Patriot News
Attorney General Kathleen Kane will not defend PA’s DOMA – Fox 43
Democrats hail Kane’s refusal to defend law barring gay marriage; GOP says she’s neglecting her job – The Patriot News
AG Kane will not defend Pa. against gay marriage suit – WHTM 27 (ABC)
Our View: Kane must support gay-marriage ban – The Carlisle Sentinel

Northeastern PA
Kathleen Kane Says ‘No’ To Defending State Law – WNEP 16 (Scranton/Wilkes-Barre)
Kane: No Defense Of Same Sex Marriage Ban – WNEP 16 (Scranton/Wilkes-Barre)
AG won’t defend Pa. in gay-marriage suit – Times Leader

Southwestern PA
Pa. attorney general will not defend DOMA – WJAC 6 (Johnstown)

Pittsburgh
Pennsylvania Attorney General Kathleen Kane won’t defend gay marriage ban – WTAE 4 (ABC)
Pennsylvania AG Kane will not defend DOMA – Pittsburgh Post Gazette
Pennsylvania attorney general won’t defend gay marriage ban – Pittsburgh Tribune Review

National
Kathleen Kane, Pennsylvania Attorney General, Will Not Defend State’s Gay Marriage Ban – Huffington Post
Who is Kathleen Kane? – Washington Post
AG won’t defend Pennsylvania’s gay marriage ban – Washington Post
Move for Gay Marriage Gets a Lift in Pennsylvania – New York Times
Pa. attorney general says she won’t defend state’s gay marriage ban – Washington Post
Gay marriage puts Tom Corbett in bind – Politico
Pennsylvania AG Kathleen Kane refuses to defend law banning gay marriage – Metroweekly (DC)
Penn. AG Won’t Defend State’s Marriage Ban – The Advocate

The American Civil Liberties Union of Pennsylvania filed a federal lawsuit against the Commonwealth of Pennsylvania this morning on behalf of 23 plaintiffs to overturn the state’s law banning marriage equality. The lawsuit is the first legal challenge to a state’s statutory ban following the Supreme Court repeal of the Defense of Marriage Act. The plaintiffs include nine couples, four of whom are married in other states, one widow, and a couple with two teenage daughters who are named in the lawsuit.

The lawsuit was filed in the US District Court for the Middle District of Pennsylvania against several state government officials including Governor Tom Corbett and Attorney General Kathleen Kane. Governor Corbett has expressed his opposition to marriage equality, while Attorney General Kane ran for election on the platform of full LGBTQ equality last year.

The lawsuit cites the number of government benefits and protections which same-sex families are not eligible for, including social security benefits, family medical leave, medical power of attorney, and workers compensation for spouses injured or killed while working, among others. Because Pennsylvania grants same-sex parent adoptions, the lawsuit points out that having parents who are unable to access marital benefits is not in the best interest of the child.

A full profile of all the plaintiffs is available on the ACLU of PA’s website here.

Pennsylvania is the only state in the northeast United States which does not allow for marriage equality or civil unions. Marriage equality is banned by a state law passed in 1996, but not by a constitutional amendment. If the law is declared unconstitutional, it could lead to the repeal of similar laws in Wyoming, Indiana, Illinois, and West Virginia.

Sen. Daylin Leach introduced the first marriage equality legislation in the State Senate in 2009. This session the bill is SB 717 and has only five co-sponsors. The introduction of marriage equality legislation in the Pennsylvania House of Representatives was recently announced but is not expected until the fall. Rep. Daryl Metcalfe (R-12) has introduced a bill to make marriage equality unconstitutional in Pennsylvania. HB1349 currently has 32 co-sponsors.

Whitewood v. Corbett, 2013

The Namey family in Sarver, Butler County, has been subject to two major acts of vandalism on their property this week, which the local police as well as the FBI are investigating as hate crimes. On Tuesday, the family woke up to find their son’s pick-up truck vandalized with pink paint, key marks, coins glued to the hood in the shape of a middle finger, tobacco spit juice dumped in the back, and the word “think,” carved into the paint.

John Namey initially thought the vandalism was the result of neighborhood kids acting out, but when he found a swastika burnt into their yard, he began to suspect that the damage was aimed at his oldest daughter, who is openly gay. His 16 year old daughter, who came out three years ago, faced so many threats of violence from her peers on the school bus, she no longer rides the bus to school.

The Namey family is not Jewish.

The FBI is reviewing the case to see if any federal laws have been violated. WTAE news reported that the perpetrators of the vandalism, when caught, will be charged with felony offenses.

There have been multiple incidents this year of hate crime vandalism aimed at LGBTQ individuals across the United States. Last month in Los Angeles, a man’s car windows were smashed, tires popped, and the word “gay” was keyed into the vehicle. In March, an LGBTQ community leader in Kentucky had a swastika drawn on his car.

The Namey family says that they refuse to be intimidated. John told WTAE News, “We’re not a family who lives in fear. We’ll find out who did this, and they’ll be prosecuted.” John said his daughter is not going to let the incident change who she is.

The KSV will post updates as they become available.

Moments ago, US Senator Bob Casey issued his 2013 Pride Month statement.

I usually do not post remarks that I made at events, but I thought sharing this online may capture part of the dynamic conversation going on right now with young LGBTQ leaders and marriage equality.

I honestly had apprehensions about speaking at the Marriage Equality for Pennsylvania rally in Harrisburg this afternoon, but I am glad I did. There were 100+ supporters present which included community leaders from different pockets of the state from Erie to Philadelphia.

The prime focus of the rally was on relationship recognition, which is not an issue I personally focus much on. As a youth activist, I rally first on issues such as youth homelessness, school violence, community health, and policing concerns. Yet, the emerging group which sponsored the event was hosting the first LGBTQ advocacy rally on the Capitol steps in a decade. When the call is made, you show up.

For my part, I chose to focus on individual responsibility as advocates and challenging the current institutions for LGBTQ work in Pennsylvania. Many of the things I said were clearly not part of the mainstream conversation. It was something I felt they needed to hear – as no one else was making similar remarks. I was the only speaker to bring up community stratification and privilege as key issues to address. Out of the dozen speakers, there was only one person of color and no trans identified folks.

I take many cues from the Student Nonviolent Coordinating Committee (SNCC) of the 1960s. At 23 years old, SNCC Chairman John Lewis was the youngest person to speak at the 1963 March on Washington for Jobs and Freedom. His original speech called out Democrats for being inept and the President’s administration for stalling on certain issues. The adults censored his speech and he was forced to revise it. No one asked to approve my remarks beforehand. So here they are.

Good morning.

Thank you everyone for coming out today to create a better Pennsylvania, our home.

My name is Jason Landau Goodman. I am a student at the University of Pennsylvania and the Executive Director of the Pennsylvania Student Equality Coalition. PSEC represents our statewide LGBTQ youth organization – working as a coalition of high school and college GSAs across the Commonwealth.

I am here today as a queer-identified, young Pennsylvanian, working with other youth across the state who are invested in this fight and leading effective advocacy locally and at the state level.

We know our youth generation is well advanced on LGBTQ civil rights and marriage equality. For many young Pennsylvanians, Republican or Democrat, this is a non-issue.

I come before you today as well as a lobbyist on LGBTQ issues, working every day I am in Harrisburg on promoting legislation that reflect an affirming Commonwealth. Myself and the youth leaders we bring regularly to the Capitol – from Erie and McKean Counties – Scranton to Pittsburgh – Berks to Bucks Counties – know the front lines well.

After two years, we have found that we must be calculated and strategic to be effective. It is fantastic that we have this rally today, but waving our general support on this sidewalk may mean little more than the words spoken today. But it does not have to be. The legislature may not be in session today but these messages can be felt and taken home with you to organize with your local leaders. We need to deploy ourselves as troops in this struggle, and have community oversight on that.

We must remain focused that it will take 26 votes in the State Senate, 102 votes in the House of Representatives, and the support of the Governor to get anything done for social justice.

Through all of this, working full-time on LGBTQ advocacy, I have found the biggest change we face is not our ultra-opposition. We will never earn the support of those who express bigotry as a core value.

Our largest challenge does not exist with our strongest supporters. We often have charismatic leaders or organizations posturing to us for attention or campaign dollars. We can generally count on those votes.

The greatest obstacle we face is within ourselves. Let me explain why.

Our success in Pennsylvania will not be captured by a statewide LGBTQ organization, but us as independent agents taking individual responsibility for completing effective engagement with moderates.

Community based advocacy, where individuals spark fundamental change, will directly empower our success. This includes shifting the positions on LGBTQ equality with everyone in your networks. Having courageous conversations with your family at the dinner table, challenging comments made at your general store or civic association. We know laws alone will only secure part of our goal. Social progress must also be pressed for to execute civil rights laws.

With a majority of Pennsylvanians supporting the dignity of all, compassion will run over the General Assembly.

This process of securing our civil equality must also foster the fire of our community spirit. Beyond any organization or label, because often they come and go, our resilience over generations, and inclusivity of all those fighting with us must prevail. Ensuring every voice is welcomed, regardless of privilege or experience, must be heard, and respected at the table. Together, we can build a better table.

Whatever happens with the Supreme Court, not much at all would change in Pennsylvania. We will still not have nondiscrimination, hate crimes protections, or safer schools. Next week, what we can do, is be ignited to contact your legislators to get us there. In Pennsylvania, this is incredibly easy – and every letter and email counts. When the legislature goes on recess this July – visit them in your district to articulate a convincing case as to why they should take a step forward on a key bill. And then, we can ask them to take another step, and another. With legislators across the state taking steps forward, we will reach our goals.

For marriage equality, the bill we have is SB 719. How many co-sponsors does this legislation have? Five. Five. There is no reason this bill should not have at least 20 co-sponsors.

In closing, let us define ourselves by how we overcome the barriers ahead – breaking down the fiefdoms we have around Pennsylvania, the silos that exist within our community – and choose to bind each other to improving our communities for everyone.

The movable middle, moderates, are waiting for our message.

So let us be clear: life, liberty, and the pursuit of happiness for all is what we want.

Pennsylvania is our home, so let us wake up and get to work.

Two women who allegedly engaged in sexual activity in the bathroom of an Upper Darby McDonald’s were attacked by an angry mob of customers outside the restaurant after being asked to leave by the staff, with one of the women being hospitalized for stab wounds.

Around 5pm on Friday, customers at the McDonald’s complained to the manager that two women had entered a one person bathroom on the second floor. The manager told police later that they found the women were, “engaged in some type of sexual activity.” The women were asked to leave the restaurant. As they left, they were verbally accosted by several customers. As they exited, a group of at least seven customers followed the women outside in order to assault them.

A woman in her 40s with two children was heard yelling slurs, calling the women “dirty dykes.” Police believe that she instigated the assault. She reportedly stabbed one of the women in the back, who was later taken to Thomas Jefferson Hospital with non-life threatening injuries. As police arrived, the crowd dispersed. Police were able to obtain surveillance footage, but the attackers have yet to be identified.

While intimate sexual activity in public places is not considered acceptable behavior, targeted violence against offenders is not common.

There is no statewide hate crime law in Pennsylvania which protects LGBTQ people who are subject to assault based upon their sexual orientation or gender identity. In 2012, the FBI reported that one in every five hate crimes are based on sexual orientation.

As Summer begins, so does Pride season across the state of Pennsylvania! While New Hope and Philadelphia have already held their Pride celebrations, the Central and Western areas of the state will be holding Pride their celebrations over the next several months. Student leaders of the Pennsylvania Student Equality Coalition marched in Philadelphia’s Pride Parade over the weekend. PSEC will be present at the following Pride events this Summer.

Lancaster Pride: June 15, 2013 at Franklin & Marshall College

Erie Pride Picnic: June 15, 2013 at Presque Isle Park

Pittsburgh Pride: June 16, 2013 in Downtown Pittsburgh

Reading Pride: July 21, 2013 at Centre Park

Pride Festival of Central PA: July 27, 2013 at Front Street Park, Harrisburg

Knoebels Pride Picnic: August 10, 2013 at Knoebels Park

Northeastern PA Pride: August 11, 2013 in Kingston

Erie Pride: August 24, 2013 at Perry Square

Pride of the Lehigh Valley: August 2013 at Cedar Beach Park