โIf you want to understand why weโve offered this bill, why it has been offered and reintroduced for 20-plus years, it is because Pennsylvanians are experiencing this discrimination and they want it to end,โ he said. โPennsylvanians are recognizing that they donโt have full access to their God-given inalienable right to be treated with dignity and respect โ to have full access to this American Dream.โ
According to theย Human Rights Campaign, 23 states currently have laws on the books that prohibit housing and employment discrimination based on sexual orientation and gender identity, while 22 states have laws that outlaw discrimination pertaining to public accommodations.ย
Republican lawmakers feared that the definitions included in the bill are too broad and that they could infringe upon religious beliefs.ย
Many of the arguments against the bill centered on the definition of public accommodations and whether that definition would extend to bathrooms and locker rooms in schools, as well as to girlsโ sports teams. โThe definition of gender identity or expression โฆ most definitely means that if you identify as a female, you get to get on a female sports field,โ said GOP state Rep. Craig Williams. โIf the whole point here is to protect people in special classes, we just denigrated all young women.โ
โThis bill shifts power away from elected representatives and places it in the hands of judges who will decide over time how far these definitions reach,โ state Rep. Charity Grimm Krupa said in remarks on the House floor. โAnd while that plays out, it will not be large institutions that carry the burden, it will be the small business owners, it will be the faith-based organizations, it will be the individuals, people of faith, forced to choose between their beliefs and the threat of litigation.โย
โWeโve heard these arguments before,โ noted GOP state Rep. Scott Barger. โThey may be subtle, they may be emotional, but we reject them because we know that what youโre really doing is weaponizing degeneracy against our faith communities.โ
Benham, in response to Barger, said: โAs a queer woman, I know what itโs like to experience discrimination, to be told Iโm โless than,โ that Iโm a degenerate, that I am perverse โ and treated like that too โฆ I believe that both the right to be free from discrimination and to practice oneโs religion can coexist.โ
Democrats noted that the bill includes protections for religious liberty, stating that nothing in the bill shall be interpreted to require an individual or religious entity โto engage in conduct that constitutes a substantial burden on the free exercise of religion.โ
Despite passing in previous legislative sessions with bipartisan support, the legislation was approved along party lines on Tuesday, with one Democrat, state Rep. Frank Burns, joining Republicans in opposing the bill.ย
Prior to being amended with the nondiscrimination language on Monday, the original version of HB 2103 sought to prohibit the development of white nationalist communities and housing developments by not allowing private clubs and members-only organizations to discriminate based on race or other protected classes.ย
The billโs prime sponsor, Democratic state Rep. Ben Waxman, said he introduced the bill after an organization called Return to the Landย created a โwhites only communityโ in Arkansas, with plans to build additional locations.ย
Waxman said Tuesday that the amended version of his bill โfurther protects people all over this Commonwealth.โ
โIโm so thrilled that itโs a part of my bill,โ he said.