House Bill 300 and Senate Bill 300 will be introduced tomorrow, May 7, 2013. The bills will amend the Pennsylvania Human Relations Act to provide protection from discrimination based on sexual orientation or gender identity in employment, housing, and public accommodations. HB 300 will be re-introduced for the fifth time by Rep. Dan Frankel (D-23) – who is joined by a second prime sponsor, Rep. Chris Ross (R-158) – with a total seventy-seven cosponsors. SB 300 will be introduced by Sen. Pat Browne (R-16) and Sen. Larry Farnese (D-1) as prime sponsors with twenty-three total cosponsors. A press conference will be held at the Pennsylvania Capitol at 10am on Tuesday to introduce the bills.

With a record number of 100 legislators supporting LGBT nondiscrimination protections, the progress of HB 300 and SB 300 represents nearly forty years of tireless efforts by countless community leaders.

The first Pennsylvania nondiscrimination bill inclusive of sexual orientation was introduced in 1976 by a Rep. Norman Berson (D-187) from the Lehigh Valley – 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, Republicans and Democrats, has reissued the order – except for the current Gov. Tom Corbett. Fifteen states prohibit discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.

Thirty 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 twelve suburban municipalities including Lower Merion Township (2010) and Abington Township (2012) 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 – regardless of who they are. 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.

Sadly, we know that HB 300 is being prepared to go to a House Committee helmed by Rep. Daryl Metcalfe (R-12). Chairman Metcalfe has previously introduced several pieces of anti-LGBT legislation, including bills to constitutionally ban marriage equality in Pennsylvania. He will likely block any progress of HB 300 bill this session.

PSEC Executive Director Jason Landau Goodman said, “while every state in New England has now embraced marriage equality, Pennsylvania is absolutely the last place in the Northeast United States with essentially no protections for LGBT people. In 2013 – it is unacceptable at how behind the times we are on civil rights in the Keystone state. HB 300 and SB 300 are good for businesses, our communities, and our families. We must do all we can to support the swift passage of an inclusive nondiscrimination bill in Pennsylvania.”

Swarthmore College has become no stranger to incidents of bigotry and violence over the past few years, including hateful chalking, a violent hate crime assault, and now urination on the campus Intercultural Center.

Following several weeks of tension over a proposal to disband Greek life, and complaints to the Department of Education that federal sexual assault policies are being violated, Swarthmore College reported an incident of an unidentified man urinating on the doors of the Intercultural Center on the evening of May 2. This is the fifth time this year that the doors to the Intercultural Center have been urinated on.

Swarthmore Dean of Students, Liz Braun, described the incident as, “…a malicious and disgusting attack against the Intercultural Center and by extension the students and staff that are a part of it.”

The Intercultural Center houses a number of social, cultural, and queer student groups, including: Achieving Black & Latino Leaders of Excellence, Swarthmore Queer Union, Swarthmore Womyn of Color Collective, COLORS (queer students of color,) Queer Straight Alliance, and many others. The center strives to, “foster a truly multicultural social, cultural and intellectual environment that will empower students to achieve their educational and individual goals.”

The director of the center, Alina Wong, said in an email to Swarthmore students that witnesses overheard a crowd of people cheering, and several men shouting, “Oh, yeah. Right on the door.” Students inside the center called Public Safety, but the perpetrators had fled by the time they arrived. Swarthmore College President, Rebecca Chopp, informed students that a Public Safety officer will be stationed outside of the Intercultural Center throughout the weekend. There was to be a rally held on May 6 to discuss the incident, however, it has since been canceled due to final exams, and is to be replaced with alternative events later in the week, which have yet to be specified.

The Cradle of Liberty Council of Boy Scouts of America is leaving their Philadelphia headquarters after years of lawsuits over the group’s discriminatory policy barring gay scouts and leaders. The Cradle of Liberty Council headquarters is located in a city owned building, which they pay no rent on. The organization built the building after being allowed use of the land by the city under a 1928 agreement giving nonprofit organizations free use of property which they maintained.

In 2008, the city of Philadelphia attempted to either sell the property, or charge the Boy Scouts $200,000 a year in rent, market value for the property. The Boy Scouts filed an injunction against the city, beginning a five year legal battle. A federal court ruled in favor of the Boy Scouts in 2010. The decision was appealed by the city of Philadelphia, leading to the settlement reached this week.

The legal settlement between the city of Philadelphia and the Boy Scouts requires the city to reimburse the council $825,000 for repairs on the property they have completed over the years, and for the Boy Scouts to vacate the property by June 30. The Boy Scouts of America store will have to vacate by October 31.

The Cradle of Liberty Council attempted to enact a nondiscrimination policy within their council in 2003, but were forced to retract it by the national Boy Scouts of America organization. In a statement, Philadelphia City Council President Darrell Clarke said, “I’m disappointed COLBSA [Cradle of Liberty Council of Boy Scouts of America] was not permitted by the Boy Scouts of America to adopt its own, more reasonable policy of inclusion… I will continue to support COLBSA’s great work with our youth as much as I continue to hope COLBSA will one day ban discrimination against gay children and adults.”

The Boy Scouts of America have reconsidered their policy on banning gay members in the past months. However, their current proposal only allows for the inclusion of gay scouts. Adult leaders, like parents Cate Wirth and Elizabeth Wirth who were not allowed to serve as volunteers in their son’s troop, will still be banned from the organization if the current proposal goes into effect.

The American Family Association released a “stark warning” to Pennsylvania municipalities considering passing nondiscrimination ordinances, claiming, “Their [“homosexual activists”]  game plan is to force all to validate their dangerous lifestyle — no matter what it costs.  With teens and young men who have sex with men making up about a quarter of the new HIV cases and black youth accounting for the largest share of new cases, this is tragic for Philadelphia.”

It is unclear how the Cradle of Liberty Council leaving their headquarters will impact the rate of HIV/AIDS infection in Philadelphia.

The Cradle of Liberty Council says that they will begin looking for a new property to use for their headquarters within the city or the suburbs.

Content Warning: This article addresses sexual assault and rape.

Twelve Swarthmore College students have filed a federal complaint against the school, stating that the college has violated the Clery Act and Title IX. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires colleges which receive federal financial aid to record and report information on criminal activity on and near their campus.

Students Mia Ferguson and Hope Brinn, who led the initiative to file the complaint, said that Swarthmore administration has repeatedly under-reported incidents of sexual violence on campus, discouraged students from reporting crimes to off campus law enforcement and going through criminal proceedings, and that a staff member reported evidence of sexual assault being purposefully undocumented or destroyed. One of the twelve testimonials within the claim came from a student who was raped at a house party, and then urged to not report the incident. She reported that a school counselor told her that her drinking and clothing indicated that she consented to sex.

In an article on sexual assault on campus, the Swarthmore College Daily Gazette reported that in the history of the school, there was no record of a student being expelled or officially disciplined for sexual misconduct. The college has records from the Campus Judiciary Committee which date back ten years, and within the past ten years, there have been two cases heard pertaining to sexual assault. In one case, the perpetrator was found not guilty, due to insufficient evidence. In the second case, the perpetrator was found guilty, but there was no record of specific sanctions placed on them. A student who was sexually assaulted told the Daily Gazette that two of her friends dropped charges against their attacker because they were afraid to be in a room with him during the judicial trial.

Hope Brinn told the Daily Gazette that she was sexually harassed by a fellow student, and upon taking her concerns to administration, she was laughed at, trivialized, and told that what she was experiencing was a “misunderstanding.” Mia Ferguson said that she told her RA that she was sexually assaulted,but later learned that the RA did not file a report on the incident, in violation of the Clery Act.

The federal complaint, which will be reviewed by the Department of Education contains six claims of misconduct by Swarthmore.

1. Discouraging students from reporting crime to local law enforcement and from going through formal judiciary proceedings

2. Persistently under reporting incidents of sexual battery, sexual assault, and rape in the Annual Clery Security Report

3. Persistently under reporting incidents of sexual battery, sexual assault, and rape in the daily crime log

4. Failing to issue timely reports of incidents of sexual battery, sexual assault, and rape

5. Failing to publicly report potential sanctions for sexual battery, sexual assault, and rape

6. Intimidating, discriminating, and retaliating against sexual assault and rape survivors and their advocates

Swarthmore College President, Rebecca Chopp, said that the school is seeking out an external review of their sexual assault policies. However, one of the twelve students who testified in the complaint questioned if the recommendations of an outside group would create actual change in Swarthmore, and said in a letter to the Daily Gazette, “I want a review of the way sexual assault has been treated to be based on the voices of students and survivors, not the findings of the CJC [College Judiciary Committee] or the testimony of accused assailants.”

If the Department of Education investigation determines that the complaints made against Swarthmore College are legitimate, the college could face multiple fines, according to the Daily Gazette.

In response to the allegations of mishandled sexual assaults, the organization Swarthmore Assault Prevention and Survivor Advocacy was formed. The organization is “[A] coalition at Swarthmore College seeking accountable administrative reform around sexual assault prevention and sexual assault response.” On Thursday, May 2nd, Mia Ferguson and Hope Brinn are holding a question and answers event at Swarthmore on the complaint and student rights under the Clery Act and Title IX.

Founded in 1864, Swarthmore College is a small liberal arts college with 1,500 students in Delaware County. Known as one of the most prestigious colleges in the nation, Swarthmore has one of the largest endowments of any college in the United States.

Image of Mia Ferguson and Hope Brinn  from Swarthmore College Daily Gazette

Pennsylvania youth in solidarity with York County transgender student following a week of intimidation by school administration

Issak Wolfe and his girlfriend given green light to attend prom tomorrow

Issak Oliver Wolfe, a transgender student at Red Lion Area Senior High School in York County, was in the running last week for prom king with the support of many of his classmates. When the ballots were distributed, Issak was listed under his former female name, on the prom queen side of the ballot. When Issak’s father spoke with Red Lion Area Senior High School Principal, Mark Shue, about the ballot, Shue stated that he felt “uncomfortable,” about the prospect of listing Issak as a male. All this despite months of approval from the Executive Council of students and several school staff.

Issak’s story has sent shockwaves throughout the Pennsylvania LGBT youth community and across the nation. Caden Krawchuk, a transgender student at nearby Mechanicsburg Area Senior High School in Cumberland County, commented on Principal Shue’s unilateral decision. “I was disappointed in the principal’s actions in taking Issak off the prom king ballot because he felt ‘uncomfortable’. Being transgender in high school, [many of us] feel uncomfortable every day.”

Soon after the incident, Issak’s friends and family took to social media to share his story. Issak’s sister, Cheyenne Stambaugh, created a petition on change.org which has received over 4,000 signatures, asking for the school to allow Issak to run for prom king, and that his correct male name be read at graduation. His girlfriend, Taylor Thomas, wrote a message which was posted on  the popular Have a Gay Day Facebook page, asking readers to contact the school in support of Issak.

The Red Lion School Area District accused Taylor of libel and threatened to ban her from attending the prom in an attempt to silence their story. Issak was presented with a scripted statement to give in the event he was contacted by the media, which he refused.

Upon being directly intimidated by his school Principal, Issak first connected with the Pennsylvania Student Equality Coalition, who immediately contacted the American Civil Liberties Union. He and Taylor, a graduate of Red Lion Area School District, are now being represented by the ACLU.

The ACLU presented the school district with a formal letter asking that the school district issue an apology to Issak, as well as an assurance that Issak’s male name will be read at graduation, and that he will be allowed to wear a black gown along with other male students. The letter stated that Red Lion Area Senior High School would be in violation of the first amendment if they pursued disciplinary or legal action against Issak and his girlfriend for posting his story online, and that forcing Issak to run for prom queen and wear a yellow females graduation gown is sex stereotyping in violation of Title IX.

The York Daily Record published an editorial in support of Issak, saying,

Once upon a time in the land of Red Lion…

No, this isn’t a fairy tale, but it is a story about kings and queens – of the prom….

Did school administrators’ discomfort really require stepping in and transforming a he back into a she – for something as inconsequential as a prom court ballot?

Could the officials not simply let the students choose? It’s their ball, after all. They were under no obligation to vote for a transgender king.

Could school leaders not see the importance to that individual simply to feel the freedom – and courage – to place himself on the ballot that reflected who he knows himself to be?

Some day – perhaps even in the not-too-distant future – we’ll look back on these kinds of stories as we do on fairy tales, reflecting a world that no longer exists, utterly transformed into a world where we are all free to be who we are.

The ACLU has just reported on Friday afternoon that the Red Lion Area School District has responded to their letter, and have agreed to allow Issak and his girlfriend to attend prom on Saturday evening. They have yet to provide a definitive response as to whether Issak’s male name will be read at graduation, along with allowing him to wear the males’ gown.

PSEC Executive Director Jason Landau Goodman, a student at the University of Pennsylvania, said “Issak and Taylor have been truly brave in coming forward to share their story and fight back against bigotry. Discrimination and harassment against LGBT students by school administrators is unfortunately a regular occurrence across Pennsylvania, as we do not have an inclusive nondiscrimination law in our state. Thousands of Pennsylvania students are in solidarity with Issak and Taylor – and wish them all the best tomorrow night at the prom. In pressing for nondiscrimination legislation to be adopted, PSEC will continue to call out bigotry and ignorance against students. We must provide equal access in our schools so that all Pennsylvania students have the opportunity to find their happily ever after.”

Student leaders from across Pennsylvania gathered in Harrisburg Thursday to advocate for the Pennsylvania Safe Schools Act, HB 156. Joining a myriad of education and community organizations in support of the PASS Act, dozens of Pennsylvania youth attended the House Education Committee hearing on bullying and suicide. Immediately following the students joined the bill’s primary sponsor, Representative Dan Truitt (R-156), in a press conference emphasizing the importance of the legislature adopting the bill.

Speaking at the press conference were several student leaders, including Faith Elmes of the Indiana University of Pennsylvania, Assistant Convener of the Pennsylvania Student Equality Coalition, Jason Landau Goodman of the University of Pennsylvania, Executive Director of the Pennsylvania Student Equality Coalition, and Hanover High School student Zachary Terrazas. Parent and safe schools activist, Tammy Simpson also spoke. A KSV post will follow when the PASS Act press conference is posted online as well as photos of students rallying in the Capitol Rotunda.

At the House Education Committee hearing on bullying and suicide, legislators brought attention to the lack of a comprehensive school bullying law, and the severe consequences of this absence. Representative Kathy Rapp (R-65), the Subcommittee Chair on Special Education, presented a very emotional personal account of her experiences with bullied adolescents. Representative Mike Carroll (D-188), who represents the Pittston area, spoke about the loss of two young students to suicide in his district last September.

Mike Crossey, President of the Pennsylvania State Education Association (PSEA), testified in support of the PASS Act, stating that it provides, “…a needed definition of cyber bullying and creation of a mandated reporting structure—to provide our students with greater protections under these changed circumstances.” The Anti-Defamation League also submitted testimony in full support of the PASS Act.

The PASS Act is the leading safe schools legislation in Pennsylvania with nearly 80 cosponsors – the most cosponsors of any safe schools bill in Pennsylvania history. The bill will create a clear reporting mechanism for incidents of bullying, effective tools to address school violence, and training for educators to prevent harassment. Pennsylvania has one of the weakest anti-bullying laws in the country, according to a 2011 report by the US Department of Education.

There is overwhelming community and student support for the PASS Act across Pennsylvania, including from the Association of School Psychologists of Pennsylvania, The Pennsylvania School Librarians Association, and Communities in Schools of Pennsylvania. Over 40 Pennsylvania mayors have joined Mayors for Safe Schools in support of the PASS Act including the mayors of Pittsburgh, Gettysburg, Milton, and Chambersburg. Faith leaders from Catholic, Protestant, and Jewish congregations have signed the Clergy for Safe Schools open letter to legislators in support of the PASS Act.

The time is now for the Pennsylvania General Assembly to address the issue of school bullying. Everyday that action is not taken, students will suffer the consequences of unrelenting harassment. Students have the right to a safe education, but without effective policies in place, the cycle of violence will continue.

A landmark trans inclusive bill was passed into law by the Philadelphia City Council, two weeks after passing through committee, amending the city’s current Fair Practice Ordinance.

Included within the legislation are two new tax credits for employers which provide LGBTQ friendly healthcare insurance coverage, a requirement that all new and renovated Philadelphia City-owned buildings contain gender-neutral bathrooms, a provision which prohibits businesses from not allowing patrons to use the bathroom facilities which are consistent with their gender identity, the removal of gendered terms from city forms, and a prohibition of employers denying their workers the right to dress in a way consistent with their gender identity.

The tax credits created by the new legislation are the Life Partner Health Benefits Tax, which provides a tax credit to businesses that offer health insurance to domestic partners’ and children of same sex couples, and the Trans-Care Health Benefits Tax Credit, which benefits businesses which offer health insurance that covers trans-related medical needs.

The measure passed by a vote of 14-3, making Philadelphia one of the most trans friendly cities in the country. Philadelphia trans activist, Kathy Padilla, was quoted as saying that once signed, the bill makes Philadelphia, “[the] first city on the East Coast to remove transgender discrimination from its employee health plan.”

Councilman Bill Green was the lone democrat who opposed the bill, along with two Republican members of City Council, David Oh and Bill Green.

Issak Oliver Wolfe was in the running for prom king at Red Lion Area Senior High School with the support of many of his classmates, but when the ballots came out, Issak’s name could not be found. Issak, who is transgender, had been listed under his birth name in the prom queen category.

Issak told the York Daily Record, “If I would have known they would’ve done that, I probably would have opted out,” he said. “…What bothers me the most is they never told me.”

Issak began transitioning in his junior year of high school, and is supported by his parents, sister, and many of his classmates and teachers. Upon hearing that his son had been placed in the girl’s category of the prom court ballot, Issak’s father, William Stambaugh, met with the principal and assistant principal to discuss the decision. Mark Shue, principal of Red Lion High School, told Stambaugh that he felt “uncomfortable” placing Issak on the prom king ballot. Issak’s father said to the York Daily Record, “They’re [the school district] all good people…They just — a bad decision was made.”

Issak’s girlfriend, Taylor Lunar Thomas, contacted the Facebook page, “Have A Gay Day” with Issak’s story, asking for Issak’s story to be shared, and for others to question the school’s decision.

We are trying to bring attention to this story so that people out there in Issaks’ position know they are not alone, so that my boyfriend has the chance to stand up on stage wearing the crown he deserves, the prom king sash firmly across his shoulder. We are trying to shed light on the bigotry and closed mindsets of our small town of Red Lion. We must let Mr. Shue know that his discrimination will not be tolerated.

His sister, Cheyenne Stambaugh, created a change.org petition, asking the high school to allow Issak to run as prom king, and recieve his diploma with his correct name. As of Tuesday evening, the petition has 2,290 signatures.