Pennsylvania Democrats are promising to make LGBTQ+ nondiscrimination protections a priority in 2027, raising new hopes that the commonwealth could finally pass the Fairness Act after years of legislative roadblocks.
The commitment came Tuesday, November 10, during a Transgender Day of Remembrance gathering at the Pennsylvania Capitol in Harrisburg, where advocates, families, and elected officials gathered to honor transgender and gender-diverse people whose lives were lost to violence and suicide.
Spokespeople for both House and Senate Democrats confirmed that the Fairness Act will be a legislative priority when the newly elected Democratic majorities take office in January.
The legislation would explicitly prohibit discrimination based on sexual orientation and gender identity or expression under the Pennsylvania Human Relations Act, extending statutory protections across employment, housing and public accommodations.
The promise represents a potentially historic shift in a state where lawmakers have repeatedly failed to enact comprehensive LGBTQ+ nondiscrimination legislation.
State Reps. Jessica Benham and Dan Frankel attended Tuesday’s memorial in Harrisburg.
Benham, who represents Pittsburgh’s 36th House District, co-chairs the Pennsylvania LGBTQ+ Equality Caucus. Frankel, representing the 23rd District, has also been a supporter of LGBTQ+ civil rights legislation.
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Both are co-sponsors of the current House version of the Fairness Act, HB 300, introduced by state Rep. Malcolm Kenyatta of Philadelphia.
The Fairness Act would amend Pennsylvania’s existing Human Relations Act to specifically identify sexual orientation and gender identity or expression as protected characteristics.
Its provisions address three major areas:
- Employment: Protecting LGBTQ+ workers from discrimination in hiring, firing, promotions, and other workplace decisions.
- Housing: Prohibiting discrimination against LGBTQ+ people seeking to rent, purchase, or otherwise access housing.
- Public accommodations: Protecting LGBTQ+ people from discriminatory treatment in businesses and public spaces, including restaurants, stores, and other establishments open to the public.
Pittsburgh and Allegheny County have local ordinances expressly prohibiting LGBTQ+ discrimination, but many municipalities across Pennsylvania lack such protections.
Passing the Fairness Act would write those protected characteristics directly into Pennsylvania law, providing a clearer statutory foundation rather than relying solely on administrative interpretations and a patchwork of local protections.
After years of proposals, committee delays, and legislative stalemate, LGBTQ+ Pennsylvanians have a governing majority publicly committing to moving the legislation forward. The next test will be whether that commitment becomes law.
